Docstoc

RECOMMENDED CONTRACT CLAUSES AND SPECIAL

Document Sample
RECOMMENDED CONTRACT CLAUSES AND SPECIAL Powered By Docstoc
					                                   GUIDANCE FOR FIRM FIXED-PRICE
                             DESIGN-BUILD CONSTRUCTION CONTRACTS
                                             February 17, 2000
                             UPDATED 9/10/2001, 11/ 17/2001, 5/2002, 7/2002,
                       1/05/2004, 5/14/2005 (See page 2 for Description)



INSTRUCTIONS FOR VIEWING THIS MATERIAL:

1.   Click on the link below for the Part of the document you wish to view.

2.   You may browse through the entire document or you may return to
     this index at any time. To return to this page, simply left click your
     mouse on the “back” button. . CLICK “CANCEL” IF YOU SEE A BOX,
     ENTITLED “ENTER NETWORK PASSWORD. No Password is needed.

TABLE OF CONTENTS:

PART 1     INTRODUCTION

PART 2     NON-TRADITIONAL ROLES AND RESPONSIBILITIES

PART 3     COST LIMITATION CLAUSES

PART 4     SPECIAL CONTRACT REQUIREMENTS

PART 5     CONTRACT CLAUSES FOR DESIGN-BUILD CONSTRUCTION
           CONTRACTS

PART 6     BASIS OF AWARD

PART 7     GUIDE SPECIFICATIONS MODIFIED FOR DESIGN-BUILD
           CONSTRUCTION CONTRACTS

PART 8     GUIDANCE AND SAMPLE SECTION 01012” DESIGN AFTER
           AWARD”

PART 9     GUIDANCE CONCERNING TWO-PHASE DESIGN-BUILD
           STIPENDS
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




PART 10       PROPOSAL SUBMISSION REQUIREMENTS AND SAMPLES

PART 11       PROPOSAL EVALUATION CRITERIA AND SAMPLES

PART 12       PERFORMANCE ORIENTED DESIGN CRITERIA




                                          2
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Revisions of January 5, 2004:

1. Updated the Contract clause: Requirements for Registration of Designers

2. Replaced previous sample Section 01012 “Design After Award” with two
updated samples.


Revisions of May 14, 2005:

1. Revised the guidance for payment of stipends to unsuccessful offerors in Part 9
and updated the sample two phase Proposal Submission Requirements in Part 10
and the sample Proposal Evaluation Criteria/Basis of Award in Part 11.
Headquarters, USACE, has issued stipend policy and guidance in an Engineering
and Construction Bulletin on May 11, 2005, based on a September 2004
memorandum from USACE Office of Counsel memo on the use of stipends in 2
phase source selections.




                                          3
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



PART 1        INTRODUCTION

1.1      “Design-Build” (D-B) is a specialized type of construction contract under Part
36 of the Federal Acquisition Regulations (FAR). Design-Build construction contracts
integrate the primary services of the contract - construction of a complete and usable
facility - with incidental design and design related services. These are not “Architect-
Engineer” contracts under the FAR Subpart 36.6, Brooks Act selection procedures.
The contract does not include most of the formal A-E contract clauses. However, it is
necessary to address some of the topics normally covered by standard A-E contract
clauses, in a design-build construction contract.

1.2 DOD Design-Build contracts are generally competitively negotiated, firm fixed-
price construction contracts, awarded using the procedures in Parts 15 and 36 of the
FAR. Of course, they may also be negotiated under sole source procedures in Part
19 with small disadvantaged businesses participating in the Small Business
Administration’s 8(a) Program. Competitively negotiated design-build acquisitions can
be either one step (open competition, no short-listing; all offerors submit cost and
technical proposals) or the recently adopted two-phase method (phase 1 is open
competition for short listing; phase 2 short listed firms submit cost and design
proposals).

1.3 For Corps of Engineers’ design-build contracts, the solicitation, or Request for
Proposal (RFP), is generally organized in accordance with Appendix A of the
“Technical Instructions (TI) 800-03: “Technical Requirements for Design-Build”,
available on-line in the USACE Technical References. For your convenience, I have
adapted Appendix A at the end of this Part 1, with some updating. Corps of
Engineer’s construction contracts do not use the FAR Unified Contract Format, which
is a supply and services format and which doesn’t fit construction particularly well.
The Corps of Engineer’s construction contract format is consistent with CSI and the
general construction industry formats.

1.4 Design-build construction contracts involve many non-traditional and significantly
altered roles and responsibilities for the contract parties. There are few inherent roles
and responsibilities simply because the contract is called “design-build”. Numerous
professional and trade organizations provide model contract formats. Each
organization tends to favor or protect its constituency in the risk allocation process of
design-build contracting. As of January 2003, the FAR and the Defense FAR
Supplement (DFARS) still have not addressed any of the unique or revised clauses
or other provisions, which must be included in design-build solicitations and
contracts.

1.5 Generally, design-build construction contracts include all the standard
construction clauses and special contract requirements (SCR’s), except several
clauses been modified or adapted, to address the non-traditional roles in design-
build construction. In addition, we have developed new SCR’s to address those


                                           4
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



unique aspects of design-build construction, for which there is no construction
contract clause coverage in the FAR.

1.6 The Clauses, Special Contract Requirements (SCR’s) and modified Guide
Specifications in this material were adapted from the Corps of Engineers’ "Design-
Build Construction” course manual. This collection is specifically recommended for
inclusion in Design-Build contracts. We developed some of the Special Contract
Requirements by modifying standard A-E or construction clauses for use in Design-
Build contracts. We modified the Guide Specifications for “SUBMITTALS”,
“CONTRACTOR’S SCHEDULE”, and “CONTRACTOR QUALITY CONTROL
SYSTEM” to include design responsibilities. We’ve included a sample Specification
Section “DESIGN AFTER AWARD.” Finally, we’ve included guidance and samples
for “PROPOSAL SUBMISSION REQUIREMENTS” and “PROPOSAL EVALUATION
CRITERIA.”

 1.7 Any clause identified as a FAR or DFARS clause should be incorporated into
Section 00700, Contract Clauses, of the solicitation. Incorporate any new clause
(special contract requirement) or any clause identified as a modification of a FAR or
DFARS into Section 00800, Special Contract Requirements, of the solicitation.

1.8 The author wishes to thank the following individuals for their input and
collaboration with him in developing the Corps of Engineers’ Prospect Course,
“Design Build and Military Construction”, which much of this material is based on.

              Laura Meeker, USACE Office of Counsel (deceased)
              Mark Grammer, USACE Military Programs, Engineering and
              Construction
              Robin Woodruff, Louisville District
              Rick Maxwell, Huntsville Engineering and Support Center


1.9 The author is particularly indebted to Ron Kalifeh and David Green of the Corps
of Engineers, Mobile District. The author freely adopted and adapted several sections
and clauses from their original RFP material, used in successful Design-Build
projects. In addition, David originally developed the referenced TI 800-03, Technical
Requirements for Design-Build.”

1.10 Credit is also due to the Norfolk District of the COE (Peter Reilly), which
developed and maintains the “Technical Instructions for Army Family Housing
Construction TI 800-02”, an authoritative source for RFP’s on MFH projects. The
material in this Guide is compatible with TI 800-02.

1.11 Finally, as a member of the Design-Build Institute of America, the author thanks
DBIA for its leadership and policy guidance for the design-build industry. The author
has attempted to ensure that the information in this document is sensitive to the


                                          5
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



needs and practices of Industry, to the extent practicable, given the inherent
differences between commercial and US Government acquisition and contracting
procedures.


                                   HAPPY SAILS!
                                   Joel T. Hoffman, P.E
                                   US Army Corps of Engineers
                                   Huntsville Engineering and Support Center
                                   Chief, Chem-Demil Contract Admin Branch.
                                   (256) 895-1393




                                          6
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                   SAMPLE PROJECT TABLE OF CONTENTS
                         FOR DESIGN-BUILD RFP

                         (ADAPTED FROM APPENDIX A OF
                    CEMP-E TI 800-03 TECHNICAL REQUIREMENTS
                         FOR DESIGN-BUILD, 1 JULY 1998)


•Proposal Requirements, Contract Forms, and Conditions

0010      Solicitation, Offer & Award - SF 1442
00100     Instructions, Conditions & Notices to Offerors
00110     Proposal Submission Requirements
00120     Proposal Evaluation and Contract Award
00600     Representations and Certifications
00700     Contract Clauses
00800     Special Contract Requirements

•Division 01

01010 Design Requirements
01011 Detailed Design Requirements (Often combined with
       Section 01010)
01012 Design After Award
01320 Project Schedule
01330 Submittal Procedures
01410 Environment Protection
01451 Contractor Quality Control
01500 Temporary Construction Facilities
01780 Closeout Submittals

•Division 02000 - 16000 - Specification Requirements
(Attached Outline Specifications, if any)
•Appendices (Drawings, Boring Logs, Fire Flow, etc.)




                                          7
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



PART 2         NON-TRADITIONAL ROLES AND RESPONSIBILITIES

2.1    Design-build contracts drastically alter the traditional roles and responsibilities
of the Owner, the Contractor and the Designer. Please note that there are no
inherent “design-build” roles and responsibilities, simply because a contract is called
“design build”. Several different proponent organizations have developed model or
recommended “design-build contract” formats. Naturally, the authoring organization
formulates their model to minimize the risk of allocation of any additional design
responsibility to their constituency. Therefore, it is critically important that the design-
build contract clearly define the non-traditional roles and responsibilities for both the
Government and the Design-Build Contractor.

2.2      For instance, the Owner (here, the Government) is responsible for clearly
expressing the intent of the design and for the adequacy and completeness of the
“facility design criteria” in the Request for Proposals (RFP). The Owner must also
cooperate with the D-B Contractor, so as not to slow down or otherwise hinder the
Contractor’s schedule. The D-B contract duration covers completion of the design, in
addition to equipment and material acquisition and construction. A D-B contract may
also allow some concurrent design and construction activities, termed “fast tracking”.
In order to avoid hindering or unnecessarily slowing progress, the Owner must
respond much quicker to needs of the D-B Contractor than in a standard construction
contract.

2.3    The D-B Contractor is responsible for the technical adequacy of the design
furnished, including constructability, extensions of the design, and often operability
and maintainability issues (whether specified in the design criteria or clearly
described in the RFP “design intent”), in addition to its typical construction quality
responsibilities.

2.4    Whether the prime is the designer or constructor – or both - its role in a D-B
contract is expanded. Its role now includes management and control of quality, cost
and integrated schedule for design, permit preparation (sometimes permit
application), material and equipment acquisition, construction, training for operation
and maintenance, inspection, turnover and warranty. Sometimes operation and
maintenance phases are included under the umbrella contract.

2.5     The Contractor employs the designer of record (DOR), not the Owner. The
DOR(s) must now personally ensure the integrity of all extensions to their design and
that all equipment and materials meet the design and design criteria requirements.
That this is a Contractor function, not a Government function, is a significant role
reversal from conventional design bid build construction.

2.6 The Government must not assume responsibility for the design adequacy by
“approving” design or construction submittals, except to approve requested
deviations from the contract, when acceptable and appropriate. The Owner’s role


                                             8
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



changes from reviewing designs and submittals to approve for technical adequacy to
review for conformance to the contract (the RFP and the D-B’s accepted proposal).

2.7 Unfortunately, the Federal Acquisition Regulations are written around the
traditional contractual roles and responsibilities developed over the past two centuries
for construction contracts based on owner furnished design. In design-bid-build
contracts, legal doctrines, such as the “Spearin Doctrine” (US vs. Spearin, 248 U.S.
132 (1918) have held that there is an implied warranty of the Government’s
specifications and that the owner is responsible for the integrity and suitability of the
design furnished to the constructor. Much of the Government employee’s duties and
responsibilities during construct contract performance have evolved over the years
from this doctrine. As one can see, these roles and responsibilities involve “design
enforcement” and protection of the design integrity. As the party responsible for the
design, Government engineers and employees often develop a mindset of
defensiveness and protectionism regarding any design aspect. Although this is
appropriate for a design-bid-build construction contract, it isn’t appropriate for design-
build contracts. The Government engineer must learn to pass the responsibility for
the design and the integrity of the design to the design-builder, while maintaining the
responsibility for the design criteria and assuring that the design meets the codes and
all contract (the RFP and the accepted proposal) requirements.

28. Not to single out Government employees, the traditional constructor is also often,
at first, unfamiliar and uncomfortable with it’s expanded D-B roles, responsibilities and
the additional risk involved. Experienced design-builders understand this additional
risk and embrace design-build for the offsetting advantages of timesavings, enhanced
constructability and opportunities for value engineering (e.g., design to market
pricing). The designer of record on the design-build team is often uncomfortable with
being professionally employed by the constructor, having to represent the interests of
both the owner and the constructor. The potential liability due to the increased
standard of care in the design can increase risks to the designer of record. Insurance
coverage for the increased risk is now becoming available, but the design-builder
may sometimes be the party to purchase this coverage.

29. All of the above point out the need to fairly and properly apportion and
allocate the non-traditional risks and responsibilities in the DOD design-build
contract. The FAR should be updated to address the revised D-B roles and
responsibilities.




                                            9
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



PART 3        COST LIMITATION CLAUSES


3.1 We should normally identify the maximum amount of funds available for award in
design-build contracts. To do this, include a clause, similar to one of those below, in
Section 0100, “INSTRUCTIONS TO OFFERORS.”

3.2    Why identify the funds available? Unless the design criteria in the RFP Scope
of Work are completely specified in a prescriptive manner, the RFP will allow the D-B
certain choices in its approach to the design and construction solutions. Where the
scope of work is performance oriented or otherwise allows such choices, the Offerors
must know what the Owner’s budget is, in order to fully define the scope of work.
This is very similar to the standard practice of directing A-E firms to design the full
scope of a project within a cost ceiling. There is no prohibition against identifying the
funds available to the public. There has been some concern that identifying the funds
available is tantamount to revealing the Government estimate, which is prohibited by
the Federal Acquisition Regulations (FAR). This is not the case, because, in a
design-build contract with performance-oriented criteria, the scope of work is flexible.
The detailed scope of work in the Government Estimate is not revealed to the
offerors. Plus, the amount of the Government Estimated may or may not be the same
as the total funds available for design and construction.

3.3    Identifying the funds available is used in conjunction with defining the “Basis
of Award.” E.g., “award will be made to the offeror with the best technically
conforming proposal within the funds available”; or “price and quality factors are of
equal importance - award to anyone other than the lowest technically acceptable offer
must provide sufficient advantage to justify the additional cost”. In these cases real
or perceived competition will drive offerors to provide the best proposal for the
money. Where price and quality are considered equal and a high quality facility can
be built for under the cost ceiling, competition will naturally tend to maintain lower
prices – gold plating (providing extra features with little added value) will be
discouraged. If all offerors actually gold plate their designs, we can verify during
discussions and bargain to get unnecessary features removed. In such a case, we
could even amend the solicitation during discussions to lower the funds available.

3.4   The funds available must also be identified when the quality factors are
considered more important than price and there is flexibility allowed in the design or
construction solution.

3.5    If the Scope of Work is so prescriptive that little or no innovation or no choice
in design solution is available, we would probably make price most important in a
trade-off process or we would state that award will be made to the lowest technically
acceptable, responsible offeror. In such case, there probably is no need to identify
the funds available in the RFP. If the offers come in over the funds available, we
could identify the ceiling during discussions and bargaining. There would probably be
a need to adjust the scope or revise prescriptive design criteria in such case.

                                           10
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




3.6     We can cite a definite cost ceiling for award of the initial contract, including any
options exercised at award. If more funds are later made available, options could be
awarded beyond the cost limitation. However, sometimes we discover, despite the
offerors’ and our best efforts during negotiations to reduce costs that we can’t make
an award for a complete and usable facility within the funds ceiling. Then we must
reduce scope or mutually agree with all responding offerors to amend the Solicitation
to raise the ceiling. If the cost significantly exceeds the advertised funds limitation, it
would be likely be necessary to cancel the solicitation and re-advertise with increased
funding and/or revised scope.

3.7      Don’t state in the solicitation that the Government will not evaluate any
offers, which exceed the cost limitation. Sometimes, some or all offerors can’t
meet the cost limitation. An offeror usually doesn’t know its actual costs until just
before the proposal submission deadline. The Offeror might not have time to revise
its technical approach before the deadline. The firm is well aware they are submitting
an unacceptable proposal. They hope the Government will conduct discussions and
will allow them an opportunity to get within the budget. The Government has a great
opportunity to salvage the project through discussions. Discussions will often reveal
weaknesses or errors in the RFP, which caused offerors or their subcontractors to
include contingencies. Discussions are also useful in working with the offerors to
identify cost saving ideas to incorporate into the RFP by amendment, if acceptable to
the using agency. In the author’s experience, it has not been unusual for the winning
proposal to be over budget in the initial proposal submission.

3.8      Use the “Cost Limitation – Target Ceiling” Clause if the limitation is not an
inflexible ceiling. This clause allows the Government to arrange for additional funding,
if necessary to make an award. The offerors will know your target. If they can stay at
or under the ceiling, competition will drive costs down. The Government has some
flexibility to award above the ceiling if offerors can’t meet it or if the best proposal
costs a reasonable bit more than the target ceiling.
__________________________________________________________________
COST LIMITATION - JUNE 1999

The contract award for design and construction shall not exceed $___________ for
this project. Offerors are under no obligation to approach this amount.
                                  (End of Clause)
___________________________________________________________________
COST LIMITATION – TARGET CEILING - JUNE 1999

The target ceiling for contract award for design and construction is $____________,
based on the funds made available for this project. The Government cannot
guarantee that additional funds will be made available for award. Offerors are under
no obligation to approach this ceiling.
                                   (End of Clause)


                                            11
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




PART 4         SPECIAL CONTRACT REQUIREMENTS

4.1 We have developed several special contract requirements (SCR’s) for design-
build construction contracts. As discussed in PART 2 of this document, there aren’t
any FAR clauses, which address the unique aspects and non-traditional roles and
responsibilities in design-build construction contracts. All FAR clauses for
construction have evolved from the traditional roles and responsibilities associated
with design-bid-build construction contracts, where the Owner is responsible for the
design and for design integration details. Because the D-B RFP includes incidental
design services and because the resulting contract includes the selected proposal,
additional Special Contract Requirements (SCR’s) have been developed to add to the
usual set of SCR’s used in design/bid/build, competitively bid (IFB) construction
solicitations. The SCR’s, listed below, have been specifically developed to define the
non-traditional roles and responsibilities of the various parties in the D-B contract.
Special Contract Requirements are contained in Section 0800 of the RFP.

                                 TABLE II
     Recommended SCR’s to be Included in Section 0800 of the D/B Contract:

1.       Design Build Contract-Order of Precedence
2.       Proposed Betterments (Optional)
3.       Key Personnel, Subcontractors, and Outside Associates or Consultants)
4.       Responsibility of the Contractor for Design
5.       Warranty of Construction Work
6.       Warranty of Design
7A.      Sequence of Design/Construction (Can Alternately be Included in Section
         01012)
7B.      Sequence of Design/Construction (Fast Track)- (Can Alternately be
         Included in Section 01012)
8.       Constructor’s Role During Design (Can alternately be included in Section
         01012)
9.       Recommended Insurance Coverage (Optional)
10.      Training (Can be included in a Technical Section)
11.      Design Conferences (Can Alternately be Included in Section 01012)
12.      Value Engineering After Award
13.      Partnering (Highly Recommended)
14.      Deviating From the Accepted Design


4.1.1 DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE:

4.1.1.1 This SCR defines what constitutes the Contract, the order of precedence in
the event of inconsistencies and further states that the design documents produced
after award are “deliverables”, not formally part of the contract, themselves.


                                          12
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




4.1.1.2 This SCR must be included in the D-B contract. DO NOT USE the standard
clause “ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT” (FAR 52.215-
8). That Clause is intended for use in service and supply contracts, using the
“Uniform Contract Format”. The standard FAR clause places the order of precedence
of the proposal above the Section “C”, scope of work (SOW), in the event of
inconsistencies or conflicts between the two. The SOW in the UCF format is usually
more general in nature than the design and construction criteria in a D-B construction
contract.

4.1.1.3 In design-build construction, we use the opposite philosophy. The RFP is
intended to be the minimum standard, except where the Offeror’s best value proposal
exceeds the minimum RFP requirements. Then, the “betterment” in the proposal
becomes the new minimum standard. In a case where the proposal deviates from
the RFP minimum, the RFP minimum requirements take precedence. Thus, the
winning proposal may exceed, but must conform with (cannot deviate from) the
minimum RFP requirements. In summary, to qualify for award, a proposal must
conform to the RFP minimum requirements, but may offer a betterment, exceeding
the minimum specified requirement. In that case, in accordance with the SCR:
“DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE”, upon acceptance and
award, the offeror’s proposed betterments become the new minimum contract
requirements. For all other requirements, the RFP specifies the minimum acceptable
requirements.

4.1.1.4 This benefit to the Government comes at a price. The Government has an
inherent legal duty to carefully read and evaluate the proposal for minimum RFP
compliance prior to selection and award. Your RFP Section 00110, “PROPOSAL
SUBMISSION REQUIREMENTS”, must warn offerors not to deviate from the
minimum RFP requirements in their proposals. Your description of the basis of award
in RFP Section 00120, “PROPOSAL EVALUATION CRITERIA” must explain the
requirement for the successful proposal to be in conformance with the RFP
requirements. Proposal deviations and deficiencies must be resolved prior to final
proposal submission and award. If a proposal deviates from the RFP minimum
requirements, but is considered a good idea or approach, the Government will amend
the solicitation to allow everyone to propose the feature. This keeps all offerors on a
level playing field.

4.1.1.5 Sometimes, resolving deficiencies associated with desirable, but non-
conforming features of a proposal is tricky. If the non-conforming feature is such that
allowing everyone to incorporate it into their proposal would reveal the offeror’s
technical solution, or that would compromise an offeror’s intellectual property to
another offeror (see FAR 15.306(e)(2), the Government must obtain the offeror’s
permission to reveal it to the competition, before amending the RFP to allow it. If the
offeror does not agree to reveal the feature, and it does not meet the minimum RFP
requirements, the Government would generally be required to inform the offeror that it


                                          13
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



must correct the proposal to at least meet the minimum RFP specified requirement. If
this situation occurs, it is a good indication that the Government’s RFP statement of
work or design criteria are too prescriptive and unnecessarily restrictive.

4.1.1.6 The Government cannot simply rely on the language of the D-B Order of
Precedence SCR to avoid careful proposal evaluation. The intent of this clause is to
establish an order of precedence in cases of not so obvious conflict, discovered after
award, but not to relieve the Government of its inherent responsibility to carefully
review material submitted in response to the RFP.

4.1.1.7 The D-B Order of Precedence SCR defines the design products as
“deliverables” under the contract. With the Government’s concurrence, the
Contractor may correct design errors and otherwise modify the design, as long as the
design still complies with the RFP and accepted proposal. Otherwise, every time a
line on a drawing or specification detail changes, a modification would be necessary.
 The Government can otherwise use “configuration control procedures” in Section
01012 (Design After Award) for requests, approval and tracking of non-contractual
changes to the design documents.

4.1.1.8 As stated above, the SCR defines the accepted proposal and the RFP, as
amended at the time of award, as the terms of the contract. The SCR excludes any
oral interpretations or agreements, which contradict the meaning of the written
documentation, from the contract, unless the contract documents those
 interpretations or agreements. .
_________________________________________________________________
 SCR___        DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE - AUG 1997

(a) The contract includes the standard contract clauses and schedules current at the
time of award. It also entails: (1) the solicitation in its entirety, including all drawings,
cuts and illustrations, and any amendments during proposal evaluation and selection,
and (2) the successful Offeror’s accepted proposal. The contract constitutes and
defines the entire agreement between the Contractor and the Government. No
documentation shall be omitted which in any ways bears upon the terms of that
agreement.

(b) In the event of conflict or inconsistency between any of the provisions of the
various portions of this contract, precedence shall be given in the following order:

       (1.) Betterments: Any portions of the Offeror’s proposal, which both meet and
       exceed the provisions of the solicitation.

       (2.) The provisions of the solicitation (See also Contract Clause:
       SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION).

       (3.) All other provisions of the accepted proposal.


                                             14
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



     (4.) Any design products, including but not limited to plans, specifications,
     engineering studies and analyses, shop drawings, equipment installation
     drawings, etc. These are “deliverables” under the contract and are not part of
     the contract itself. Design products must conform to all provisions of the
     contract, in the order of precedence herein.
                          (End of Clause)
___________________________________________________________________

PROPOSED BETTERMENTS (THIS IS AN OPTIONAL SCR)

4.1.2.1 This is an optional clause for organizations that wish to use a process to
formally list features of the proposal, which are considered “betterments”, as defined
above. Some Districts feel that it is helpful in administering the contract to highlight
all betterments in one list. Note that the proposal independently is part of the contract
and that the list is merely administrative in nature. A Betterment, which may have
been overlooked in the formal list, is nonetheless a contract requirement. A carefully
prepared list helps bring betterments to the attention of contract administrators and
design reviewers. However, it could also discourage a careful reading of the
proposal during contract performance.
___________________________________________________________________
SCR___          PROPOSED BETTERMENTS – AUG 1997

(a) The minimum requirements of the contract are identified in the Request for
Proposal. All betterments offered in the proposal become a requirement of the
awarded contract.

(b) A “Betterment” is defined as any component or system, which exceeds the
minimum requirements, stated in the Request for Proposal. This includes all
proposed betterments listed in accordance with the “Proposal Submission
Requirements” of the Solicitation, and all Government identified betterments.

 (c) “Government identified betterments” include the betterments identified on the
“List of Accepted Project Betterments” prepared by the Proposal Evaluation Board
and made part of the contract by alteration, and all other betterments identified in the
accepted Proposal after award.
                                  (End of Clause)
___________________________________________________________________

4.1.3. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR
CONSULTANTS.

4.1.3.1 By adding the term “Key Personnel”, we modified Contract Clause 52.244-4
“Subcontractors and Outside Associates and Consultants”.

4.1.3.2 The successful Offeror’s proposal is part of the contract. This clause is
intended to discourage “bid shopping” or “bait and switch” tactics by the Contractor

                                           15
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



after award of the contract. The Contractor must request permission to substitute
those key personnel or key subcontractors it identified in its proposal. The accepted
proposal establishes the new minimum standard (assuming that it was in full
compliance with the RFP requirements). The Contractor will submit information in the
same detail as the original proposal for the Government to evaluate. The
Government should not approve any substitute that is not equal in all aspects to the
originally proposed person or firm.

4.1.3.3 Because the contract was formulated by negotiation, prices were considered
in the selection of the successful Offeror. It can be argued that the Government may
demand a credit for a substitution, as consideration for the switch, where it appears
that the substitution is the result of “bid shopping” or “bait and switch” tactics. There
is no requirement for a price increase, because the Contractor established the
minimum level of competency and the price the Government is expected to pay for
that competency in its proposal. The proposal is the new required minimum standard,
where identified performance surpassed the minimum RFP requirements. Anti-bid
shopping clauses are common and enforceable in State, Local and commercial
contracting.
___________________________________________________________________
SCR___         KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE
ASSOCIATES OR CONSULTANTS - AUG 1997

In connection with the services covered by this contract, any in-house personnel,
subcontractors, and outside associates or consultants will be limited to the individuals
or firms that were specifically identified and agreed to during negotiations. The
contractor shall obtain the Contracting Officer’s written consent before making any
substitution for these designated in-house personnel, subcontractors, associates, or
consultants.
                            (End of Clause)
___________________________________________________________________

4.1.4 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

4.1.4.1 This SCR is derived from FAR Clause 52.236-0023, “Responsibility of the
Architect-Engineer Contractor (Apr 1984)”. The clause has been re-named for
design-build. The words “non-construction services” were added to distinguish design
responsibilities from warranty of the construction, which is covered under the
“Warranty of Construction Work” SCR. The SCR requires the D-B to correct the
construction resulting from the faulty design. Finally, I have incorporated the definition
of “Standard of Care” suggested by the DBIA in its Manual of Practice Document
Number 510, “Design-Build Contracting Guide” into the Special Contract
Requirement: “Responsibility of the Design-Build Contractor for Design.” The SCR
defines the standard of care which the Government expects from the design-builder
for the design, distinguishing between design of features for which the Government
provided performance oriented design criteria and design of those features for which


                                           16
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



the Government specified prescriptive design criteria. For more detailed discussion
on this subject, see the next section, entitled WARRANTY OF DESIGN.
___________________________________________________________________
SCR___        RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN - MAY 2002

(a) The Contractor shall be responsible for the professional quality, technical
accuracy, and the coordination of all designs, drawings, specifications, and other
non-construction services furnished by the Contractor under this contract. The
Contractor shall, without additional compensation, correct or revise any errors or
deficiency in its designs, drawings, specifications, and other non-construction
services and perform any necessary rework or modifications, including any damage
to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall
be the care and skill ordinarily used by members of the architectural or engineering
professions practicing under similar conditions at the same time and locality.
Notwithstanding the above, in the event that the contract specifies that portions of the
Work be performed in accordance with a performance standard, the design services
shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for,
the services required under this contact shall be construed to operate as a waiver of
any rights under this contract or of any cause of action arising out of the performance
of this contract. The Contractor shall be and remain liable to the Government in
accordance with applicable law for all damages to the Government caused by the
Contractor’s negligent performance of any of these services furnished under this
contract.

(d) The rights and remedies of the Government provided for under this contract are
in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be
jointly and severally liable hereunder.
                              (End of Clause)
___________________________________________________________________



4.1.5 WARRANTY OF DESIGN

4.1.5.1 In order to provide a “single point of responsibility” for integrated design
and construction services (one of the primary reasons for selecting design-build as
the delivery method), it is necessary to specially address the design warranty in
the contract. The standard construction contract clause “Warranty of
Construction” only provides for a one year “callback” warranty on materials,
installation AND “design furnished.” And, in a standard A-E design contract,” the

                                          17
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



A-E does not warrant that its design will be free of defects or fit for the purposes
intended – only that the design meets the prevailing industry standards.” 1 The
constructor, on a D-B-B contract, “does not face liability if the project does not
function as the owner anticipated, since it is only obligated to construct the work in
accordance with the design furnished by the owner.” 2 Thus, unless the A-E has
been negligent, the owner on a design-bid-build project ultimately faces the risk of
design defects. This risk not only includes additional cost to upgrade the facility
but may include tear-out and re-work costs, as well.

4.1.5.2. According to the Design-Build Institute of America (DBIA), “when
performance specifications are used in design-build contracting, the design-builder
is charged with what it does best: developing solutions to the owner’s defined
needs. When the contract establishes specific performance requirements that can
be objectively measured, the design-builder should be obligated to meet such
performance requirements, regardless of what the ordinary standard of care in the
industry is, relative to such issue.” 3

Above Footnotes: (1), (2), and (3) quoted from the book “Design-Build: Planning Through
Development by Jeffrey L. Beard, Michael C. Loulakis Sr., and Edward C. Wundram,
McGraw-Hill, 2001, Chapter 14, Section 13 (written by Michael Loulakis).

4.1.5.3. At the same time, most Government design-build contracts contain some
or a lot of “prescriptive” design criteria, which often restrict the design-builder’s
flexibility and choices in meeting the owner’s defined needs, and sometimes even
prescribe the required design solution. There is case law confirming that the
Government must accept the responsibility for the adequacy of design criteria
furnished to the design-builder, including partially completed designs. In that
event, the design-builder’s liability should generally be limited to 1) the reasonable
standard of the industry, based on breach of the standard of care of the industry,
and/or 2) failure to comply with the owner’s design criteria.

4.1.5.4. The Federal Acquisition Regulations and the Defense Far Supplement
allow the Government (“chief of the contracting office”) to modify the standard
FAR clause “Warranty of Construction” to suit the appropriate needs of the
acquisition. (See FAR 46.7 and DFARS 246.7). As of May 2002, there is no FAR
coverage for the distinctly unique roles and responsibilities of design-build
construction contracts. I have also adapted the DBIA’s suggested language for
design warranty from DBIA in its Manual of Practice Document Number 510,
“Design-Build Contracting Guide”, in developing a Warranty of Design SCR for
Federal Government design-build contracts.
_________________________________________________________________
SCR____ WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD
CONTRACT) – MAY 2002

(a) The Contractor warrants that the design shall be performed in accordance


                                          18
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



with the Contract requirements. Design and design related construction not
conforming to the Contract requirements shall be corrected at no additional cost to
the Government. The standard of care for design is defined in paragraph (b) of
Special Contract Requirement “RESPONSIBILITY OF THE CONTRACTOR FOR
DESIGN”.

(b) The period of this warranty shall commence upon final completion and the
Government’s acceptance of the work, or in the case of the Government’s
beneficial occupancy of all or part of the work for its convenience, prior to final
completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the
Statue of Limitations and Statute of Repose, as applicable to the state that the
project is located in.

(d) The rights and remedies of the Government provided for under this clause are
in addition to any other rights and remedies provided in this contract or by law.
                                   (End of Clause)
___________________________________________________________________

4.16 WARRANTY OF CONSTRUCTION WORK

4.1.6.1 The Federal Acquisition Regulations and the Defense Far Supplement allow
the Government (“chief of the contracting office”) to modify the standard FAR clause
“Warranty of Construction” to suit the appropriate needs of the acquisition. (See FAR
46.7 and DFARS 246.7.) Laura Meeker, of USACE Office of Counsel, modified the
standard “Warranty of Construction” Clause by deleting various references to “design
furnished”. That wording limited the warranty for design services to one year. If you
use the clause Warranty of Design, above, in your RFP, You don’t necessarily have
to delete the reference to design furnished, because the extended design warranty is
in addition to the standard, one-year design warranty.




SCR___ WARRANTY OF CONSTRUCTION WORK – AUG 1997

       (a) In addition to any other warranties in this contract, the Contractor
           warrants, except as provided in paragraph (1) of this clause, that work
           performed under this contract conforms to the contract requirements and
           is free of any defect in equipment, material, or workmanship performed by
           the Contractor or any subcontractor or supplier at any tier.

       (b) This warranty shall continue for a period of 1 year from the date of final
           acceptance of the work. If the Government takes possession of any part


                                          19
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



           of the work before final acceptance, this warranty shall continue for a
           period of 1 year from the date the Government takes possession.

       (c) The Contractor shall remedy at the Contractor's expense any failure to
           conform, or any defect. In addition, the Contractor shall remedy at the
           Contractor's expense any damage to Government-owned or controlled
           real or personal property, when that damage is the result of--

           (1)   The Contractor's failure to conform to contract requirements; or

           (2)   Any defect of equipment, material, or workmanship.

      (d) The Contractor shall restore any work damaged in fulfilling the terms and
          conditions of this clause. The Contractor's warranty with respect to work
          repaired or replaced will run for 1 year from the date of repair or
          replacement.

      (e) The Contracting Officer shall notify the Contractor, in writing, within a
          reasonable time after the discovery of any failure, defect, or damage.

      (f) If the Contractor fails to remedy any failure, defect, or damage within a
          reasonable time after receipt of notice, the Government shall have the
          right to replace, repair, or otherwise remedy the failure, defect, or damage
          at the Contractor's expense.

      (g) With respect to all warranties, express or implied, from subcontractors,
          manufacturers, or suppliers for work performed and materials furnished
          under this contract, the Contractor shall--

           (1)   Obtain all warranties that would be given in normal commercial
                 practice:

           (2)   Require all warranties to be executed, in writing, for the benefit of the
                 Government, if directed by the Contracting Officer; and

           (3)   Enforce all warranties for the benefit of the Government, if directed
                 by the Contracting Officer.

      (h) In the event the Contractor's warranty under paragraph (b) of this clause
          has expired, the Government may bring suit at its expense to enforce a
          subcontractor's, manufacturer's, or supplier's warranty.

      (i) Unless a defect is caused by the negligence of the Contractor or
          subcontractor or supplier at any tier, the Contractor shall not be liable for
          the repair of any defects of material furnished by the Government nor for
          the repair of any damage that results from any defect in

                                           20
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



           Government-furnished material or design.

     (j) This warranty shall not limit the Government's rights under the Inspection
         and Acceptance clause of this contract with respect to latent defects,
         gross mistakes, or fraud.
                                  (End of Clause)
___________________________________________________________________

4.1.7 SEQUENCE OF DESIGN/BUILD CONSTRUCTION

4.1.7.1 This SCR may also be referred to as “Sequence of Work”. Two different
Special Contract Requirements were developed to address this issue. Use the first
SCR when all design or most of the design must be completed prior to allowing
construction to begin. Use the second SCR when allowing “fast-track” design-build.
Fast track is a term used to describe design and construction sequencing when the
D-B incrementally completes and submits portions of the design, in “design
packages”, for Government review. Once the Government completes its review and
all review comments are resolved, the ACO/COR will clear that design package for
construction . Thus, in fast track design-build, design and construction can proceed
concurrently.

4.1.7.2 The D-B RFP will include only one of the two SCR’s. These clauses are
highly recommended for use in a statement of work or in the SCR’s for Indefinite
Delivery/Indefinite Quantity (“ID/IQ”) RFP’s. This information can also be alternately
be addressed in Section 01012- “DESIGN AFTER AWARD”.


SCR___ SEQUENCE OF DESIGN-CONSTRUCTION – AUG 1997

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate
design, comply with all design submission requirements as covered under Division 01
General Requirements, and obtain Government review of each submission. No
construction may be started, <with the exception of....clearing, etc...> until the
Government reviews the Final Design submission and determines it satisfactory for
purposes of beginning construction. The ACO or COR will notify the Contractor when
the design is cleared for construction. The Government will not grant any time
extension for any design resubmittal required when, in the opinion of the ACO or
COR, the initial submission failed to meet the minimum quality requirements as set
forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction
based on pending minor revisions to the reviewed Final Design submission, no
payment will be made for any in-place construction related to the pending revisions
until they are completed, resubmitted and are satisfactory to the Government.



                                          21
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(c)   No payment will be made for any in-place construction until all required
submitttals have been made, reviewed and are satisfactory to the Government.
                         (End of Clause)


4.1.7.3 Use the following Special Contract Requirement for fast track design-build
contracts, in lieu of the above clause. This material can alternately be included in
Section 01012-Design After Award.
___________________________________________________________________

SCR___ SEQUENCE OF DESIGN-CONSTRUCTION (FAST TRACK)

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate
design, comply with all design submission requirements as covered under Division 01
General Requirements, and obtain Government review of each submission. The
contractor may begin construction on portions of the work for which the Government
has reviewed the final design submission and has determined satisfactory for
purposes of beginning construction. The ACO or COR will notify the Contractor when
the design is cleared for construction. The Government will not grant any time
extension for any design resubmittal required when, in the opinion of the ACO or
COR, the initial submission failed to meet the minimum quality requirements as set
forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction
based on pending minor revisions to the reviewed Final Design submission, no
payment will be made for any in-place construction related to the pending revisions
until they are completed, resubmitted and are satisfactory to the Government.

(c)   No payment will be made for any in-place construction until all required
submitttals have been made, reviewed and are satisfactory to the Government.
                         (End of Clause)
___________________________________________________________________

4.1.8 CONSTRUCTOR’S ROLE DURING DESIGN

4.1.8.1 This SCR outlines the role of the Contractor’s key construction management
staff during the design process. It is especially necessary to identify this scope of
services in ID/IQ contracts.


SCR___        CONSTRUCTOR’S ROLE DURING DESIGN – JUN 1998

The Contractor’s construction management key personnel shall be actively
involved during the design process to effectively integrate the design and
construction requirements of this contract. In addition to the typical required


                                          22
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



construction activities, the constructor’s involvement includes, but is not limited
to actions such as: integrating the design schedule into the Master Schedule to
maximize the effectiveness of fast-tracking design and construction (within the
limits allowed in the contract), ensuring constructability and economy of the
design, integrating the shop drawing and installation drawing process into the
design, executing the material and equipment acquisition programs to meet
critical schedules, effectively interfacing the construction QC program with the
design QC program, and maintaining and providing the design team with
accurate, up-to-date redline and as-built documentation. The Contractor shall
require and manage the active involvement of key trade subcontractors in the
above activities.
                    (End of Clause)
_________________________________________________________________

4.1.9 RECOMMENDED INSURANCE COVERAGE

4.1.9.1 This is an optional SCR to emphasize the D-B’s liability for the adequacy of
the design in the D-B contract.


SCR___        RECOMMENDED INSURANCE COVERAGE - MAR 2002

The Design-Build Contractor’s attention is invited to the contract requirements
concerning “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN”,
“WARRANTY OF DESIGN” and “WARRANTY OF CONSTRUCTION WORK”. These
requirements vest in the Contractor complete responsibility for the professional
quality, technical accuracy, and coordination of all design, drawings, specifications
and other work or materials furnish by his in-house or consultant forces. The Design-
Build Contractor must correct and revise any errors or deficiencies in his work,
notwithstanding any review, approval, acceptance or payment by the Government.
The Contractor must correct and change any work resulting from his defective design
at no additional cost to the Government. The requirements further stipulate that the
Design-Build Contractor shall be liable to the Government for the damages to the
Government caused by negligent performance. Though not a mandatory
requirement, this is to recommend that the Design-Build Contractor investigate and
obtain appropriate insurance coverage for such liability protection.
                             (End of Clause)


4.1.10 TRAINING

4.1.10.1 This is suggested wording for a training requirement. This requirement can
alternately be included elsewhere in the contract, for example, in Section 01012,
“DESIGN AFTER AWARD”. It is highly recommended that training be video taped for
use by future maintenance personnel.


                                          23
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




SCR___        TRAINING – FEB 2000

The Contractor shall provide operational and maintenance training for all systems
furnished under this contract for the operating and maintenance personnel. The
system manufacturer shall conduct the training, where feasible. All operation and
maintenance manuals shall be submitted and approved prior to conducting the
training and shall be used during training. The

Contractor shall videotape the training session on VHS tapes and provide the tapes
to the Government.
                            (End of Clause)
___________________________________________________________________

4.1.11 DESIGN CONFERENCES.

4.1.11.1     This information can be included in the RFP as an SCR or it can be
addressed in Section 01012, “Design After Award.”
_________________________________________________________________

DESIGN CONFERENCES – AUG 1997

(a)   Pre-Work: As part of the Pre-Work Conference conducted after contract
award, key representatives of the Government and the Contractor will review the
design submission and review procedures specified herein, discuss the preliminary
design schedule and provisions for phase completion of the D-B documents with
construction activities (fast tracking), as appropriate, meet with Corps of Engineers
Design Review personnel and key Using Agency points of contact and any other
appropriate pre-design discussion items.

(b)    Design Charette: After award of the contract, the Contractor shall visit the site
and conduct extensive interviews, and problem solving discussions with the individual
users, base personnel, Corps of Engineers personnel to acquire all necessary site
information, review user options, and discuss user needs. The Contractor shall
document all discussions. The design shall be finalized as direct result of these
meetings.

(c)     Design Review Conferences: Review conferences will be held on base for
each design submittal. The Contractor will bring the personnel that developed the
design submittal to the review conference. The conferences will take place the week
after the review is complete.
                             (End of Clause)
___________________________________________________________________



                                          24
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.1.12 VALUE ENGINEERING AFTER AWARD

4.1.12.1      This SCR is intended to clarify what the Government will and won’t
consider after award under Contract Clause, 52.248-3, “VALUE ENGINEERING –
CONSTRUCTION.”

SCR____ VALUE ENGINEERING AFTER AWARD – JUNE 1999

(a) In reference to Contract Clause 52.248-3, “Value Engineering – Construction”,
the Government may refuse to entertain a “Value Engineering Change Proposal”
(VECP) for those “performance oriented” aspects of the Solicitation documents which
were addressed in the Contractor’s accepted contract proposal and which were
evaluated in competition with other offerors for award of this contract.

(b) The Government may consider a VECP for those “prescriptive” aspects of the
Solicitation documents, not addressed in the Contractor’s accepted contract proposal
or addressed but evaluated only for minimum conformance with the Solicitation
requirements.

(c) For purposes of this clause, the term “performance oriented” refers to those
aspects of the design criteria or other contract requirements which allow the Offeror
or Contractor certain latitude, choice of and flexibility to propose in its accepted
contract offer a choice of design, technical approach, design solution, construction
approach or other approach to fulfill the contract requirements. Such requirements
generally tend to be expressed in terms of functions to be performed, performance
required or essential physical characteristics, without dictating a specific process or
specific design solution for achieving the desired result.

(d) In contrast, for purposes of this clause, the term “prescriptive” refers to those
aspects of the design criteria or other Solicitation requirements wherein the
Government expressed the design solution or other requirements in terms of specific
materials, approaches, systems and/or processes to be used. Prescriptive aspects
typically allow the Offerors little or no freedom in the choice of design approach,
materials, fabrication techniques, methods of installation or other approach to fulfill
the contract requirements.

                      (End of Clause)
___________________________________________________________________

4.1.13 “PARTNERING” (Optional SCR).

4.1.13.1 Encouraging the Contractor to participate in a partnering process is highly
recommended in design-build construction contracts. Why? Because D-B involves
non-traditional roles and responsibilities.

4.1.13.2 Design or construction issues affect each other in time and cost and the

                                          25
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



integrated design and construction schedule is very sensitive to delays – especially
when fast tracking is involved. The Government must be more responsive to the
information, review, and decision needs of the D-B Contractor.

4.1.13.3 The D-B Contractor should be responsive to the user’s functional needs,
often expressed in general terms of “design intent” in the RFP. The D-B Contractor
may probably be very flexible with design details, as long as they can be
accommodated within the cost and time budgets. Therefore, it is essential that
channels of communications and mutual understanding of the other party’s needs be
facilitated. Partnering can be very effective toward achieving those goals.

4.1.13.4 Depending upon the size of the job, partnering can be formal or informal.
Larger projects can allow for the costs associated with a formal process. Note that
there are various formats in use for Partnering, with various cost sharing schemes):
___________________________________________________________________

SCR___. PARTNERING – FEB 2000

In order to most effectively accomplish this contract, the Government proposes to
form a partnership with the Contractor to develop a cohesive building team. It is
anticipated that this partnership would involve the <NAME THE USING
ORGANIZATIONS AND OTHER CRITICAL PARTIES HERE>, the Contractor,
primary subcontractors and designers and the Corps of Engineers. This partnership
would strive to develop a cooperative management team drawing on the strengths of
each team member in an effort to achieve a quality project within budget and on
schedule. This partnership would be bilateral in membership and participation will be
totally voluntary. Any cost associated with effectuating this partnership, excluding
travel and lodging cost of Government personnel, will be borne by <<SELECT AN
OPTION TO SPECIFY: the Contractor/ each party/ the Government >>. The
partnering meetings shall be held in ......................

                          (End of Clause)
_________________________________________________________________

4.1.14 DEVIATING FROM THE ACCEPTED DESIGN

4.1.14.1 The most frequent complaint we hear, as instructors, in the PROSPECT
Course “Design-Build Construction”, is that it seems that the design-builder can
change its plans and specifications at will, after the Government reviews and concurs
with the document. The most common example cited is the D-B changing the
documents to document actual construction, when the actual construction failed to
comply with the as-designed construction. This is often after discrepancies have
been found by the Government’s QA staff or by the D-B’s QC staff. Another example
is when the D-B wants to substitute less expensive materials or equipment than that
shown in the reviewed and concurred documents.


                                          26
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




4.1.14.2 It should be noted that the plans, specifications, produced after contract
award, are not part of the contract. As discussed hereinbefore, the contract consists
of the Government’s amended RFP and the Design-Build Contractor’s accepted
proposal. The design documents are deliverables under the contract. In accordance
with the SCR: “Design-Build Order of Precedence”, they must conform to the contract
requirements. A properly written RFP will require the Government’s concurrence with
the submitted design documents, before construction can proceed.

4.1.14.3 That said, because the design documents are not part of the contract, the
Contractor should be able to make some adjustments in the non-contractual aspects
of the design (anything in the design which isn’t part of the accepted proposal or does
not change the Government’s RFP requirements), if it deems it necessary, provided
that the changes do not compromise or otherwise impact decisions that the
Government has made in operations, and actions taken to implement those
decisions, such as furniture, equipment or furnishings ordered, based on the
accepted design documents.

4.1.14.4 As part of a “comprehensive interior design”, the Government generally
makes furniture and furnishing selections, then orders to coincide with “move-in”
activities. Once selected, the Contractor should not be allowed to change the design,
if it will impact those decisions, without the Government’s concurrence.

4.1.14.5 Of course, the Government has the right to reject any revision which results
in a change to the contract.

4.1.14.6 The contract should clearly indicate that any Contractor initiated revisions to
the accepted drawings, specifications, or other design documentation, which increase
the cost to the Contractor, shall be at the Contractor’s expense, not the
Government’s. On the other hand, the Contractor has the right to any savings
generated by the Government concurred revision, provided that the revision does not
change the terms of the contract (the RFP and accepted proposal).

4.1.14.7 It is absolutely critical, to maintain single source of responsibility, that the
Contractor be held professionally responsible for the design integrity. The
Government intends that the Contractor’s professionally registered Designer of
Record fulfill this role. In addition to the Government’s concurrence, in order to
maintain design integrity and to enhance the designer of record’s control and
responsibility for design integrity, the contract should require that the DOR must
approve any revisions to the reviewed and accepted design documents. The contract
should also require that the DOR professionally acknowledge its concurrence with
differences between the as-built documentation and the previously submitted
drawings and specifications, which the contract should require to be stamped and
sealed by the DOR.



                                           27
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.1.14.8 The following SCR was designed to state the requirements described above
and to allow the Contractor some flexibility in meeting the contract requirements. If a
Contractor abuses its right to make certain changes, particularly as a result of
repeated QA discoveries of non-compliance, the Government should inform the
Contractor that it’s Contractor Quality Control System is deficient or unsatisfactory.
The Government should direct the Contractor to take corrective action to address the
underlying problems leading to non-compliance with the accepted plans and
specifications, and inform the Contractor that the Government may take other
management actions allowed by the contract and by the regulations, including
reflecting the failure or weakness in the Government’s evaluation of the Contractor’s
performance rating of the Contractor (for DOD, using the CCASS or Construction
Contractor Appraisal Support System).

_________________________________________________________________

SCR_____ DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a.) The Contractor must obtain the approval of the Designer of Record and the
Government’s concurrence for any Contractor proposed revision to the professionally
stamped and sealed and Government reviewed and concurred design, before
proceeding with the revision.

(b.) The Government reserves the right to non-concur with any revision to the design,
which may impact furniture, furnishings, equipment selections or operations decisions
that were made, based on the reviewed and concurred design.

(c.) Any revision to the design, which deviates from the contract requirements (i.e.,
the RFP and the accepted proposal), will require a modification, pursuant to the
Changes clause, in addition to Government concurrence. The Government reserves
the right to disapprove such a revision.

(d.) Unless the Government initiates a change to the contract requirements, or the
Government determines that the Government furnished design criteria are incorrect
and must be revised, any Contractor initiated proposed change to the contract
requirements, which results in additional cost, shall strictly be at the Contractor's
expense.

(e.) The Contractor shall track all approved revisions to the reviewed and accepted
design and shall incorporate them into the as-built design documentation, in
accordance with agreed procedures. The Designer of Record shall document its
professional concurrence on the as-builts for any revisions in the stamped and sealed
drawings and specifications.

                              (End of Clause)
_________________________________________________________________________


                                          28
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




4.1.15 SPECIAL NOTE CONCERNING “SUBMITTAL OF WORK TO BE
PERFORMED BY THE CONTRACTOR” (Not usually used in RFP’s)

4.1.15.1      Some Districts routinely include wording similar to the following SCR in
IFB’s, as an aid to enforcing the percent of self-performed work required by Contract
Clause 52.236-1,        PERFORMANCE OF WORK BY THE CONTRACTOR.
Unfortunately, they don’t edit the SCR out of their standard SCR’s for construction
RFP’s. DO NOT USE THIS SCR, if Section 00110 PROPOSAL SUBMISSION
REQUIREMENTS requires the offerors to identify the work which will be self
performed with their proposal submission. Doing so causes confusion and
duplication of efforts. The accepted proposal is part of the contract and must be
enforced by the Government.
___________________________________________________________________

SCR___       SUBMITTAL OF WORK TO BE PERFORMED BY THE
CONTRACTOR (Not used when proposal includes this information. See
above note!)

The Contractor shall furnish the Contracting Officer within 10 days after the award the
items of work he will perform with his own forces and the estimated cost of those
items. The percentage of work that must be performed by the Contractor is stated in
Contract Clause 52.236-1, “PERFORMANCE OF WORK BY THE CONTRACTOR”
                            (End of Clause)
    _________________________________________________________________




                                          29
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



   PART 5         CONTRACT CLAUSES FOR DESIGN-BUILD CONSTRUCTION
                               CONTRACTS

5.1    The applicable contract clauses (Section 00700) for a D-B RFP are generally
the same as for a design/bid/build construction RFP solicitation. There are some
special considerations to keep in mind for a D-B RFP. Clauses that allow the
Government to tailor wording to fit the situation are discussed herein. We have also
included some discussion on some standard clauses.

                                TABLE III
Certain Clauses and Associated DFARS Clauses Included in a D/B Contract:

1.       Requirements for Registration of Designers
2a.      Performance of Work by the Contractor
2b.      Limitations on Subcontracting
3.       Commencement, Prosecution, and Completion of the Work
4.       Governments Rights (Unlimited)
5.       Drawings and Other Data to Become Property of the Government
6.       Rights in Shop Drawings
7.       Nondomestic Construction Materials

5.1.1.         REQUIREMENTS FOR REGISTRATION OF DESIGNERS

5.1.1.1 The Contract Clause below establishes minimum standards for registration
of the designers of record. It is extremely important to include this standard A-E
contract clause in design-build construction contracts. The designer of record has a
key role in the design-build process. The below Contract Clause establishes minimum
standards for registration.Section 01012, “Design After Award”, should specify
requirements for the D-B contractor to designate “designers of record” for each
design discipline. Section 01330, “Submittals”, describes the role of the DOR(s) in
review and approval of all submittals for extensions to design and other submittals,
which require coordination with the design. Section 01010, “Proposal Submission
Requirements”, requires offerors to identify and submit qualifications for the DOR(s).
___________________________________________________________________

52.236-0025 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN
2003)
Architects or engineers registered to practice in the particular professional field
involved in a State, the District of Columbia, or an outlying area of the United
States shall prepare or review and approve the design of architectural, structural,
mechanical, electrical, civil, or other engineering features of the work.
                                   (End of Clause)
_________________________________________________________________



                                          30
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



5.1.2 PERFORMANCE OF WORK BY THE CONTRACTOR.

5.1.2.1 The following clause is mandatory for construction RFPs, not set-aside for small
business or 8(a). The purpose of the clause is to promote the public policy of preventing
“brokering” of the work (that is where the winning contractor subs out the work to another
firm or firms) and to require personal participation and management of the work by the
prime contractor.
___________________________________________________________________

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to
at least _______ (**) percent of the total amount of work to be performed under the
contract, not including design work. This percentage may be reduced by a supplemental
agreement to this contract if, during performing the work, the Contractor requests a
reduction and the Contracting Officer determines that the reduction would be to the
advantage of the Government.

                                   (End of Clause)

** NOTE: The FAR allows us to edit the required percentage of required self-performed
work. Analyze each project on its own merits. Success in design-build construction requires
a firm with strong management skills in design and construction. We recommend specifying
a figure within the range of 12-15% of the construction amount, rather than the commonly
used figure of “20%” for standard construction contracts. We normally exclude the design
fee from the total amount of work. See FAR 36.501 for prescription for use. See also the
discussion following this clause for suggested wording to include in Section 00110,
“PROPOSAL SUBMISSION REQUIREMENTS”, explaining to the offerors what is and what
isn't defined as "self performed work." We have also included a standard form for offerors
to calculate the amount of work proposed to be self-performed and to submit for proposal
evaluation.
___________________________________________________________________

5.1.2.1.1 SECTION 0110, “PROPOSAL SUBMISSION REQUIREMENTS”, SELF-
PERFORMED WORK

5.1.2.1.2 Below is suggested wording, explaining the requirements of the Contract Clause
“Self-Performance of Work.” Include this information in Section 01010 “PROPOSAL
SUBMISSION REQUIREMENTS. Note that contracts for 8(a) or SDB Set-Aside use a
different clause and distinctly different method of calculation of self-performed work.
_____________________________________________________________

“XX. Self-Performed Work: Identify what construction parts of the project will be "self-
performed" by in-house forces and the related cost for each part, as defined below. If
sufficient information is available at the time your offer is prepared, state (within this
Organization factor narrative) the percentage of work you will self-perform. If sufficient

                                          31
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



information is not available during preparation of this narrative, state that the information is
in the Pro-Forma requirements (see the following paragraph). The prime contractor must
perform 15 percent of the contract work with its own organization in accordance with
Section 00800, “PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984).”

XX.1 Computation Sheet. Provide and illustrate the calculation for “percent of self-
performed work”, in accordance with the definitions below. Use the form attached
hereinafter.

XX.2 The following are definitions concerning self-performance of work by the Prime
Contractor, in accordance with Section 00800, “PERFORMANCE OF WORK BY THE
CONTRACTOR.”

XX.2.1 "Self-performance of work" generally includes mobilization and utilization of owned
or rented plant and equipment to be operated by the prime contractor's own employees;
only those materials which will be both purchased and installed by the prime's own forces;
labor associated with those aforementioned materials or equipment; only those supplies to
directly support work performed by the contractor's own employees; and the contractor's
own job overhead costs.

XX.2.2 The following is NOT self-performed work for purposes of the clause: Prime
contractor markups for profit, general and administrative overhead, bonds, or other indirect
costs on self-performed or subcontracted work; "Owner-operated equipment", rental of
plant or equipment for operation by subcontractors; purchase of materials for installation by
subcontractors.

XX.2.3 "On the site" includes the construction site(s) as well as off-site fabrication plant or
other facilities necessary to manufacture assemblies or provide materials to be incorporated
into the construction project.

XX.2.4 "Total amount of work to be performed under the contract" is comprised of all direct
(variable, fixed, one-time and semi-variable) costs to the contractor, including jobsite
overhead costs, to construct the project. It generally includes all self-performed work, as
defined above, and cost of all supplies, materials and subcontracts. It does not include
design costs, home or branch office overhead costs or prime contractor markups for bond,
profit, etc.”
___________________________________________________________________
See the next page for a suggested standard form to include in section 00110, “Proposal
Submission Requirements.” Use this information to evaluate proposed self-performed
work.




                                              32
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



_________________________________________________________________

               FORMAT FOR CALCULATION OF SELF-PERFORMED WORK
                           DESIGN/BUILD CONTRACTS
                           For all Contracts, except 8(a)

Use a format similar to the following to identify and calculate cost of the work to be self-performed. Refer to the
definitions pertaining to "Self-performance of work", "On the site" and "Total amount of work to be performed
under the contract". Include this information in the envelope for Volume II (Pro Forma Requirements), if
undetermined until the specified deadline for proposal submission. Otherwise include it in Volume I
(Performance Capability) in TAB A:

A. Clearly describe the work to be self-performed:
_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

B. Show Calculation of Self-Performed Work:

B.1 Total Bid Price:                                            $__________________

B.2 Subtract Design Cost:                                          ($                    )

B.3 Subtract G&A, home office overhead, prime contractor's
markups for profit, bond, state use tax, etc.                      ($                     )

B.4 Remainder is "Total amount of work to be performed
under the Contract"                                   =           $________________

B.5 "Work to be self-performed":                          =     $________________
(Includes mobilization and utilization of owned or rented plant
and equipment to be operated by the prime contractor's own
employees; only those materials, which will be both purchased
and installed by the prime's own forces; labor associated with
those aforementioned materials or equipment; only those
supplies to directly support work performed by the contractor's
own employees; and the contractor's own job overhead costs.)

B.6 % Self-performed Work = Line B.5/ Line B.4 X 100% =                             %

__________________________________________________________________________________




                                                        33
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



5.1.2.2 LIMITATIONS ON SUBCONTRACTING. (Small Business and SDB Set-
asides)

5.1.2.2.1 Note that 8(a) or SDB set-aside contracts do not use the standard FAR Clause
“PERFORMANCE OF WORK BY THE CONTRACTOR”.                        Instead, use a statutorily
prescribed clause, entitled “LIMITATIONS ON SUBCONTRACTING.” The purpose of the
clause is to require personal supervision and control of the contract work by the SDB firm
and to require substantial personal work performance (to avoid “brokering the work to non-
minority firms). The definitions of self-performed work are substantially different than for
non- 8(a) contracts. The clause is shown below, along with information and a form for use
in Section 00110 “PROPOSAL SUBMISSION REQUIREMENTS” of the RFP for a
competitive 8(a) or competitive SDB set-aside contract.

52.219-14 LIMITATIONS ON SUBCONTRACTING (Jan 1991)

(a)   This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees
that in performance of the contract in the case of a contract for:

       (1) Services (except construction). At least 50 percent of the cost of contract
       performance incurred for personnel shall be expended for employees of the concern.

       (2) Supplies (other than procurement from a regular dealer in such supplies). The
       concern shall perform work for at least 50 percent of the cost of manufacturing the
       supplies, not including the cost of materials.

       (3) General construction **. The concern will perform at least 15 percent of the cost
       of the contract, not including the cost of materials, with its own employees.

       (4) Construction by special trade contractors **. The concern will perform at least
       25 percent of the cost of the contract, not including the cost of materials, with its own
       employees.
                            (End of Clause)

**Specify, in Section 0110, “PROPOSAL SUBMISSION REQUIREMENTS”, whether the
contract is for general construction or a single trade. This will clarify which sub-paragraph,
(b)(3) or (b)(4), applies to the specific project).


5.1.2.2.2 SECTION 0110, “PROPOSAL SUBMISSION REQUIREMENTS”, SELF-
PERFORMED WORK FOR Competitive 8(a) or SDB Set-aside.

5.1.2.2.2.1 The following is suggested wording for inclusion in Section 00110 of the RFP
(See also standard proposal submission form on next page):


                                              34
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



___________________________________________________________________

“XX. Identify what parts of the project will be "self-performed" by in-house forces and the
related cost for each part, as defined below. Provide and illustrate the calculation for
"percent of self-performed work", in accordance with the definitions below.

XX.1 Definitions regarding self-performance of work by the Prime Contractor, in
accordance with Contract Clause: "Limitations on Subcontracting" (FAR 52.219-14):

XX1.1 The work in this contract is “general construction” for purposes of Contract Clause
"Limitations on Subcontracting."

XX.1.2 "Self-performed work" generally includes costs for: mobilization and utilization of
owned or rented plant and equipment to be operated by the contractor's own employees
and labor associated with the aforementioned equipment; contractor's own labor to
fabricate or to install materials into the finished construction; performance by the
contractor's own employees of design work, land surveys and other engineering or technical
specialist services required by the contract; supplies to directly support the aforementioned
work to be accomplished by the contractor's own employees; and the contractor's own job
overhead costs. Contractor markups for profit, general and administrative overhead, bonds,
or other indirect costs on "self-performed" or subcontracted work are not "self-performed
work" and are to be excluded from "total cost of the contract" for calculation purposes.
Rental of plant or equipment for operation by subcontractors is not "self-performed work"
but shall be included in the "total cost of the contract" for calculation purposes . Cost of
materials to be incorporated into the work and supplies to support other than construction
by the contractor's own employees are excluded from the above definition. Do not include
these costs in the calculation.

XX.1.3 "Total cost of the contract" means the total direct (variable, fixed, one-time and
semi-variable) costs to the contractor, including jobsite overhead costs but excluding the
cost of any materials to be incorporated into the work, to construct the project. It generally
includes the cost of all self-performed work, as defined above, and all supplies and
subcontract costs. The cost of subcontractor furnished materials will be excluded only to
the extent that they can be segregated and identified in the subcontractors' proposals.

XX.1.4 "Percent of self-performed work" is calculated by dividing the above defined cost of
"self-performed work" by the "total cost of the contract" and multiplying the result by 100%.”




                                             35
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



        FORMAT FOR CALCULATION OF SELF-PERFORMED WORK
                 (For 8(a)/ or SDB SET ASIDE Contract, only)

Use a format similar to the following to identify and calculate cost of the work to be self-
performed. Refer to the definitions pertaining to "Self-performance of work", "Cost of
the Contract" and "Percent of Self-Performed Work". Include this information in the
envelope for Volume II (Pro Forma Requirements), if undetermined until the specified
deadline for proposal submission. Otherwise include it in Volume I (Performance
Capability) in TAB A:

A. Clearly describe the work to be self-performed:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

B. Show Calculation of Self-Performed Work:

B.1    Total Bid Price:                                                  $_______________

B.2    Subtract Design Cost (ONLY FOR DESIGN/BUILD)                      $(_____________)

B.3    Subtract all G&A, home office overhead, prime
       ($____________)
       contractor's markups for profit, bond, state use tax, etc.
       on self- performed and subcontracted work

B.4    Subtract identifiable cost of materials to be incorporated        ($______________)
       into the work

B.5    Remainder is "Total Cost of the Contract"                     = $______________

B.6    "Work to be self-performed":                                    = $______________
       (only cost for mobilization and utilization of owned or rented plant and
       equipment to be operated by the contractor's own employees, labor for
       equipment operated by contractor's own employees; contractor's own labor to
       fabricate or to install materials into the finished construction; (NON Design/Build
       Only: performance by the contractor's own employees of design work, land
       surveys and other engineering or technical specialist services required by the
       contract); supplies to directly support the aforementioned work to be
       accomplished by the contractor's own employees; and the contractor's own job
       overhead costs. NO MATERIALS!

B.7    % Self-performed Work = Line B.6/ Line B.5 X 100%             =   ______________%




                                             36
5.1.3 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

5.1.3.1 Adapt this clause and Specification Section 01000, Construction Schedule, as
necessary to meet your requirements. You may state separate completion times for the
design and the construction; however, we discourage that idea. We recommend that the
RFP describe one completion time, inclusive of both design and construction. If you allow the
offerors to propose the contract duration period, add wording which explains how acceptance
of the selected offeror’s proposed performance period – not to exceed a prescribed maximum
period - establishes the contract duration.
__________________________________________________________________

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (Apr
1984)

(a) The Contractor shall be required to (1) commence work under this contract within 10
calendar days after the date the Contractor receives the notice to proceed, (2) prosecute the
work diligently, and (3) design and construct the entire work.......<--If the performance
period is to be proposed by the offerors, use wording to this effect: “....ready for use
not later than the proposed performance period after receipt of the contract notice to
proceed. The maximum proposed performance period cannot exceed _____calendar
days after receipt of the notice to proceed.”> The times stated for completion shall include
final cleanup of the premises.

(b) Provisions stipulated for conducting test on heating and air conditioning systems and
planting and maintenance of grass are excluded from the completion time stated above.
                   (End of Clause)
___________________________________________________________________

5.1.4 GOVERNMENT RIGHTS (UNLIMITED).

5.1.4.1 Use this DFARS clause in all design-build contracts, except those using the DFARS
clause:     DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF THE
GOVERNMENT. The clause grants the Government non-exclusive rights to use the design
on other projects.
_________________________________________________________________

52.227-7022 GOVERNMENT RIGHTS (UNLIMITED)(DFARS, Mar 1979)

The Government shall have unlimited rights in all drawings, designs, specifications, notes
and all other works developed in the performance of this contract, including the right to use
same on any other Government design or construction without additional compensation to
the Contractor. The Contractor hereby grants to the Government a paid-up license
throughout the world to all such works to which he may assert or establish any claim under
design patent or copyright laws. The Contractor for a period of three (3) years after
completion of the project agrees to furnish the original or copies of all such works on the
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

request of the Contracting Officer. (End of Clause)
___________________________________________________________________

5.1.5 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF THE
GOVERNMENT.

5.1.5.1 When the purpose of the Design-Build contract is to obtain a unique architectural
design and construction of a building or monument, which for artistic, aesthetic or other
special reasons the Government does not want duplicated, use the following DFARS clause
to obtain exclusive control of the data pertaining to the design (ref: DFARS 227.7107(b)). In
that case, do not use the DFARS clause: 52.227-7022 GOVERNMENT RIGHTS
(UNLIMITED)


52.227-023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF THE
GOVERNMENT (DFARS, Mar 1979)

All designs, drawings, specifications, notes, and other works developed in the performance of
this contract shall become the sole property of the Government and may be used on any
other design without additional compensation to the Contractor. The Government shall be

copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not
to assert or authorize others to assert any rights or to establish any claim under the design
patent or copyright laws. The Contractor for a period of three (3) years after completion of
the project agrees to furnish all retained works on the request of the Contracting Officer.
Unless otherwise provided in the contract, the Contractor shall have the right to retain copies
of all works beyond such period.
                            (End of Clause)
___________________________________________________________________

5.1.6 NONDOMESTIC CONSTRUCTION MATERIALS

5.1.6.1 List all known allowable exceptions to the Buy America Act – Construction in the
following clause.
_________________________________________________________________

NONDOMESTIC CONSTRUCTION MATERIALS (Oct 1966) DFARS 52.225-7003

(a) The requirements of the clause of this contract entitled “Buy American Act” do not
apply to the items set forth below:
                                           (LIST)
                             (End of Clause)

PART 6        BASIS OF AWARD

6.1 Below is sample wording, explaining the “Basis of Award” for a design-build contract.



Page 38 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

This sample describes the Best Value Trade-Off Approach – in this particular case, price and
quality are considered equal in importance. Include this information in the Design-Build RFP
in Section 00120, “PROPOSAL EVALUATION CRITERIA.”

6.2 Setting price and quality equal in importance is probably the most used approach for
Design Build projects. Under this approach, the Government awards the contract to the
Offeror submitting the best proposal within the cost ceiling identified in the “Cost Limitation
Clause” in Section 00100, “Instructions to Offerors.” As long as there is real or perceived
competition, the comments concerning the importance of “price” in the Basis of Award
discourage the offerors from gold plating the project (wasting money on features offering little
added value) or inflating the price, when a good project can be built under the cost ceiling.

6.3 Also remember the previous discussion in Part 4, regarding the necessity for the
successful offeror’s proposal to conform to the RFP requirements (no deviations permitted).
___________________________________________________________________

BASIS OF AWARD (include within Section 00120 “Proposal Evaluation Criteria”)

XX.1. The Government will award a firm fixed-price contract to that responsible Offeror
whose proposal, conforming to the solicitation, is fair and reasonable, and has been
determined to be most advantageous to the Government, quality (comprised of technical
approach and performance capability factors), price and other factors considered. The
rated/scored technical evaluation criteria and price are considered equal. As technical scores
and relative advantages and disadvantages become less distinct, differences in price
between proposals are of increased importance in determining the most advantageous
proposal. Conversely, as differences in price become less distinct, differences in scoring and
relative advantages and disadvantages between proposals are of increased importance to
the determination.

XX.2. The Government reserves the right to accept other than the lowest priced offer. The
right is also reserved to reject any and all offers. The basis of award will be a conforming
offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it
must be sufficiently more advantageous than the lowest offer to justify the payment of
additional amounts.

XX.3. Offerors are reminded to include their best technical and price terms in their initial offer
and not to automatically assume that they will have an opportunity to participate in
discussions or be asked to submit a revised offer. The Government may make award of a
conforming proposal without discussions, if deemed to be within the best interests of the
Government.”
_____________________________(END)______________________________________




Page 39 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



        PART 7        GUIDE SPECIFICATIONS MODIFIED FOR DESIGN-BUILD
                           CONSTRUCTION CONTRACTS

7.1     Several Guide Specifications, covering contract procedures and execution issues have
been modified for design-build construction contracts to reflect the integrated design and
construction aspects, as well as the non-traditional roles and responsibilities of the parties.
Some of these modified Specifications have been included herein. (NOTE: In May 2002, the
“SpecsIntact” version of these guide-specifications were updated to reflect the samples. You
can find them through the Corps of Engineers’ “Techinfo” website at
“http://www.hnd.usace.army.mil/techinfo/”.)

TABLE IV

1.     Submittals (Section 01330) - see below
2.      Contractor Quality Control (Section 01451)
3.     Project Schedule (Section 1320)

7.1.1 SUBMITTALS (SECTION 01330)

7.1.1.1 Design submittals are covered in Division 01 General Requirements, Section 01012
“DESIGN AFTER AWARD”. Construction submittal requirements are addressed in, Section
01330, “SUBMITTAL REQUIREMENTS”. In design-build contracts, design and construction
submittals are generally reviewed for conformance to the contract requirements. They are
NOT routinely “reviewed for approval”. The only time review for approval is necessary is for
totally prescriptive specialty designs for which the Government desires to assume design
responsibility. The requirement for approval should be determined during the development of
the D-B RFP. The design-build project team needs to be explicit as to what needs
Government approval and why the approval is necessary. The team also needs to be explicit
as to what needs Government review and that the review is to ensure conformance to the
contract requirements. The primary principle to remember is that if the Government chooses
to approve the submittal, they may be taking some responsibility from the Contractor on
design issues. One of the main advantages of D-B is the single point of responsibility for
both design and construction. The Government shifts the risk of design adequacy to the D-B
by avoiding assumption of the traditional role of “approval” of design and construction
products to the maximum extent possible.

7.1.1.2 Section 01330 makes the D-B Contractor’s Designer(s) of Record responsible for
assuring the adequacy and integration of the design, including written approval for all
extensions of design, critical materials, any deviations from the solicitation, the accepted
proposal, or the completed design, equipment whose compatibility with the entire system
must be checked. The Government must concur with deviations to the completed design and
must approve deviations to the accepted proposal and RFP; the latter are considered formal
“changes”, unless inconsequential in scope and cost. Section 01330, adapted for Design-
Build construction contracts, follows.




Page 40 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                         SECTION 01330

                                 SUBMITTAL PROCEDURES
                                     (DESIGN/BUILD)
                                          REV. MAY 2002

PART 1 - GENERAL

1.1 SUBMITTAL IDENTIFICATION

1.1.1 Design Submittals

  Administrative Contracting Officer review is required for all design. The Government will review
  all ( ___%) and ( __%) design submittals for conformance with the technical requirements of the
  solicitation. Section 01012, Design After Award, covers the design submittal and review process in
  detail.

1.1.2 Construction Submittals

1.1.2.1 Submittal Definitions

  The submittals described below are those required and further described in other sections of the
  specifications. Submittals required by the CONTRACT CLAUSES and other non-technical parts of
  the contract are not included in this section.

       SD-01 Data

  Work to be Performed by Contractor

  Submittal Registers

  Submittals, which provide calculations, descriptions, or documentation regarding the work.

       SD-04 Drawings

  Submittals which graphically show relationship of various components of the work, schematic
  diagrams of systems, details of fabrication, layouts of particular elements, connections, and other
  relational aspects of the work.

  As-Built Drawings

  Equipment Layout Drawings




Page 41 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


       SD-06 Instructions

  Preprinted material describing installation of a product, system or material, including special notices
  and material safety data sheets, if any, concerning impedances, hazards, and safety precautions.

       SD-07 Schedules

  Progress Schedules

  Schedules for Construction Contracts

  Contractor Prepared Network Analysis

  Tabular lists showing location, features, or other pertinent information regarding products, materials,
  equipment, or components to be used in the work.

       SD-08 Statements

  Accident Prevention Plan

  Hazard Analysis Plan

  Environmental Protection Plan

  Submittal Procedures

  A document, required of the Contractor, or through the Contractor, from a supplier, installer,
  manufacturer, or other lower tier Contractor, the purpose of which is to confirm the quality or orderly
  progression of a portion of the work by documenting procedures, acceptability of methods or
  personnel, qualifications, or other verifications of quality.

       SD-09 Reports

  Reports of inspections or tests, including analysis and interpretation of test results. Each report shall
  be properly identified. Test methods used shall be identified and test results shall be recorded.

       SD-13 Certificates

  Statements signed by responsible official of a manufacturer of a product, system or material,
  attesting that the product, system or material meets specified requirements.
        SD-14 Samples

  Samples including both fabricated and unfabricated physical examples of materials, products, and
  units of work as complete units or as portions of units of work.




Page 42 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


       SD-18 Records

  Documentation to record compliance with technical or administrative requirements.

       SD-19 Operation and Maintenance Manuals

  Data which forms a part of an operation and maintenance manual.

1.2 SUBMITTAL CLASSIFICATION:

1.2.1 Designer of Record Approved.

  Designer of Record approval is required for extensions of design, critical materials, any deviations
  from the solicitation, the accepted proposal, or the completed design, equipment whose compatibility
  with the entire system must be checked, and other items as designated by the Contracting Officer's
  Representative. Within the terms of the Contract Clause entitled "Specifications and Drawings for
  Construction", they are considered to be "shop drawings". The Contractor shall provide the
  Government the number of copies designated hereinafter of all Designer of Record approved
  submittals. The Government may review any or all Designer of Record approved submittals for
  conformance to the Solicitation and Accepted Proposal. The Government will review all submittals
  designated as deviating from the Solicitation or Accepted Proposal, as described below.

1.2.2. Government Approved Construction Submittals.

  Administrative Contracting Officer approval is required for any deviations from the Solicitation or
  Accepted Proposal and other items as designated by the Contracting Officer' Representative. Within
  the terms of the Contract Clause entitled "Specifications and Drawings for Construction", they are
  considered to be "shop drawings".

1.2.3 Government Reviewed Extension of Design.

  Government review is required for extension of design construction submittals, used to define
  contract conformity, and for deviation from the completed design. Review will be only for
  conformance with the contract requirements. Included are only those construction submittals for
  which the Designer of Record design documents do not include enough detail to ascertain contract
  compliance. Government review is not required for extensions of design such as structural steel or
  reinforcement shop drawings.

1.2.4 Information Only.

  All submittals not requiring Designer of Record or Government approval will be for information
  only. They are not considered to be "shop drawings" within the terms of the Contract Clause
  referred to above.

1.3 GOVERNMENT REVIEWED OR "APPROVED" SUBMITTALS




Page 43 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



  The Contracting Officer's Representative conformance review or approval of submittals shall not be
  construed as a complete check, but will indicate only that the design, general method of construction,
  materials, detailing and other information appear to meet the Solicitation and Accepted Proposal.
  Government Review or approval will not relieve the Contractor of the responsibility for any error
  which may exist, as the Contractor, under the Design and CQC requirements of this contract, is
  responsible for design, dimensions, all design extensions, such as the design of adequate connections
  and details, etc., and the satisfactory construction of all work. After submittals have been reviewed
  for conformance or approved, as applicable, by the Contracting Officer' Representative, no
  resubmittal for the purpose of substituting materials or equipment will be considered unless
  accompanied by an explanation of why a substitution is necessary.

1.4 DISAPPROVED SUBMITTALS

  The Contractor shall make all corrections required by the Contracting Officer's Representative,
  obtain the Designer of Record's approval, when applicable, and promptly furnish a corrected
  submittal in the form an number of copies specified for the initial submittal. Any "information only"
  submittal found to contain errors or unapproved deviations from the Solicitation or Accepted
  Proposal shall be resubmitted as one requiring "approval" action, requiring both Design of Record
  and Government approval. If the Contractor considers any correction indicated by the Government
  on the submittals to constitute a change to the contract, it shall promptly provide a notice in
  accordance with the Contract Clause "Changes" to the Contracting Officer's Representative.

1.5 WITHHOLDING OF PAYMENT

  No payment for materials incorporated in the work will be made if all required Design of Record or
  required Government approvals have not been obtained. No payment will be made for any materials
  incorporated into the work for any conformance review submittals or information only submittals
  found to contain errors or deviations from the Solicitation or Accepted Proposal.

PART 2 – PRODUCTS (Not Used)

PART 3 – EXECUTION

3.1 DESIGN SUBMITTALS

  The Contractor shall design submittals in accordance with Section 01012 entitled "DESIGN AFTER
  AWARD".

3.2 CONSTRUCTION SUBMITTALS

3.2.1 General
   The Contractor shall make submittals as required by the specifications. The Contracting Officer's
   Representative may request submittals in addition to those specified when deemed necessary to
   adequately describe the work covered in the respective sections. Units of weights and measures used




Page 44 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  on all submittals shall be the same as those used in the contract drawings. Each submittal shall be
  complete and in sufficient detail to allow ready determination of compliance with contract
  requirements. Prior to submittal, the Contractor's Quality Control (CQC) representative, and the
  Designer of Record, as applicable, above shall check, approve and stamp, sign, and date each item,
  indicating action taken. Proposed deviations from the contract requirements shall be clearly
  identified. Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's
  drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts
  or curves; test reports; test cylinders; samples; O&M manuals (including parts list); certifications;
  warranties; and other such required submittals. Submittals requiring Government approval shall be
  scheduled and made prior to the acquisition of the material or equipment covered thereby. Samples
  remaining upon completion of the work shall be picked up and disposed of in accordance with
  manufacturer's Material Safety Data Sheets (MSDS) and in compliance with existing laws and
  regulations.

3.2.2 Submittal Register (ENG Form 4288)

  The Contractor's Designer(s) of Record shall develop a complete list of submittals during design.
  The Designer of Record shall identify required submittals in the specifications. Use the list to
  prepare ENG Form 4288 Submittal Register or a computerized equivalent. The list may not be all
  inclusive and additional submittals may be required by other parts of the contract. The Contractor is
  required to complete ENG Form 4288 (including columns "a" through "r") and submit to the
  Contracting Officer for approval within 30 calendar days after Notice to Proceed. The approved
  submittal register will serve as a scheduling document for submittals and will be used to control
  submittal actions throughout the contract period. The submit dates and need dates used in the
  submittal register shall be coordinated with dates in the Contractor prepared progress schedule.
  Updates to the submittal register showing the Contractor action codes and actual dates with
  Government action codes and actual dates shall be submitted monthly or until all submittals have
  been satisfactorily completed. When the progress schedule is revised, the submittal register shall
  also be revised and both submitted for approval.

3.2.3 Scheduling

  Schedule those submittals covering component items forming a system or items that are interrelated
  to be coordinated and submitted concurrently. Also, schedule Certifications to be submitted with the
  pertinent drawings. Allow adequate time (a minimum of ___ calendar days exclusive of mailing
  time) and indicate on the register for Government review or approval. No delay damages or time
  extensions will be allowed for time lost in late submittals.

3.2.4 Transmittal Form (ENG Form 4025)

  The sample transmittal form (ENG Form 4025) attached to this section shall be for transmitting both
  Government approved and information only submittals in accordance with the instructions on the
  reverse side of the form. The Government will furnish blank forms to the Contractor. Properly
  complete this form by filling out all the heading blank spaces and identifying each item submitted.
  Exercise special care to ensure proper listing of the specification paragraph and/or sheet number of




Page 45 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  the contract drawings pertinent to the data submitted for each item.

3.2.5 Submittal Procedure

  Make submittals as follows:

3.2.5.1 Procedures

  The Government will further discuss detailed submittal procedures with the Contractor at the pre-
  construction conference.

3.2.5.2 Deviations

  On submittals for which the Contractor requests proposed deviations, check the column "variation"
  of ENG Form 4025. The Contractor shall set forth in writing the reason for any deviations and
  annotate such deviations on the submittal. As stated above, the Contractor's Designer of Record's
  approval is required for any proposed deviation. The Government reserves the right to rescind
  inadvertent approval of submittals containing unnoted deviations.

3.2.6 Control of Submittals

  The Contractor shall carefully control his procurement operations to ensure that each individual
  submittal is made on or before the Contractor scheduled submittal date shown on the approved
  "Submittal Register" so the material needed date is not threatened.

3.2.7 Government Conformance Review and Approved Submittals

  Upon completion of review of submittals requiring Government approval, the Government will
  identify the submittals as having received approval by so stamping and dating. The Contracting
  Officer‟s Representative will retain XXX copies of the submittal and return YYY copies of the
  submittal to the Contractor. If the Government performs a conformance review of other Designer of
  Record approved submittals, the submittals will be so identified and returned, as described above.

3.2.8 Information Only Submittals

  Normally the Government will not return submittals for information only. No action of the
  Contracting Officer's Representative is required on information only submittals. This does not
  relieve the Contractor from the obligation to furnish material conforming to the plans and
  specifications; will not prevent the Contracting Officer's Representative from requiring removal and
  replacement of nonconforming material incorporated in the work; and does not relive the Contractor
  of the requirement to furnish samples for testing by the Government laboratory or for check testing
  by the Government in those instances where the technical specifications so prescribe. The
  Government will retain ZZZ copies of information only submittals.

3.2.9 Stamps




Page 46 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



  Stamps used by the Contractor's Designer of Record and the Contractor's designed Quality Control
  person on the submittal data to certify that the submittal meets contract requirements shall be similar
  to the following (use two stamps for submittals reviewed by both):

    _________________________________________________________________________
 |              CONTRACTOR                                                           |
 |              (Firm Name)                                                         |
 |                                                                                   |
 |      ____ Approved.                                                               |
 |                                                                                   |
 |            Approved with corrections as noted on                                |
 |      ____ submittal data and/or attached sheet(s).                               |
 |                                                                                   |
 | SIGNATURE:                                                                       |
 |                                                                                   |
 | TITLE:    (DESIGNER OF RECORD)                                                     |
 |                                                                                   |
 | DATE:                                                                            |
 |                                      __________________________________________ |




Page 47 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                                          SECTION 01451

                             CONTRACTOR QUALITY CONTROL
                              DESIGN-BUILD CONSTRUCTION
                                           REV. MAY 2002

PART 1 - GENERAL

1.1 REFERENCES

  The publications listed below form a part of this specification to the extent referenced. The
  publications are referred to in the text by basic designation only.

  AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

       ASTM D 3740                    (2001) Minimum Requirements for Agencies Engaged in the
                                      Testing and/or Inspection of Soil and Rock as Used in
                                      Engineering Design and Construction

       ASTM E 329                     (2000b) Agencies Engaged in the Testing and/or Inspection of
                                      Materials Used in Construction

1.2 PAYMENT

  No separate payment will be made for providing and maintaining an effective Quality Control
  program. The Contractor shall include all costs associated therewith in the applicable unit prices or
  lump-sum prices contained in the Bidding Schedule.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION

3.1 GENERAL

    The Contractor is responsible for quality control and shall establish and maintain an effective
    quality control system in compliance with the Contract Clause titled "Inspection of Construction."
    The quality control system shall consist of plans, procedures, and organization necessary to
    produce an end product, which complies with the contract requirements. The system shall cover
    all design and construction operations, both onsite and offsite, and shall be keyed to the proposed
    design and construction sequence. The site project superintendent will be held responsible for the
    quality of work on the job and is subject to removal by the Contracting Officer for non-compliance
    with quality requirements specified in the contract. The site project superintendent in this context
    shall mean the highest-level manager at the site responsible for the overall construction activities,
    including quality and production. The site project superintendent shall maintain a physical




Page 48 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


    presence at the site at all times, except as otherwise acceptable to the Contracting Officer.

3.2 QUALITY CONTROL PLAN

3.2.1 General

  The Contractor shall furnish for review by the Government, not later than 10 days after receipt of
  notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the
  requirements of the Contract Clause titled "Inspection of Construction." The plan shall identify
  personnel, procedures, control, instructions, test, records, and forms to be used. The Government
  will consider an interim plan for the first 60 days of operation. Design and Construction will be
  permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable
  to the particular feature of work to be started. Work outside of the features of work included in an
  accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another
  interim plan containing the additional features of work to be started.

3.2.2 Design Quality Control (DQC) Plan

  The Contractor's DQC Plan shall provide and maintain an effective quality control program, which
  will assure that all services required by this design-build contract are performed and provided in a
  manner that meets professional architectural and engineering quality standards. As a minimum,
  competent, independent reviewers identified in the DQC Plan shall review all documents. The same
  element that produced the product shall not perform the independent technical review (ITR). In
  addition, the DQC Plan shall incorporate the Lessons Learned Databases provided by the
  Government. The Contractor shall correct errors and deficiencies in the design documents prior to
  submitting them to the Government.

  The Contractor shall include the design schedule in the master project schedule, showing the
  sequence of events involved in carrying out the project tasks within the specific contract period.
  This should be at a detailed level of scheduling sufficient to identify all major tasks including those
  that control the flow of work. The schedule shall include review and correction periods associated
  with each item. This should be a forward planning as well as a project-monitoring tool. If the
  schedule is changed, the Contractor shall submit a revised schedule reflecting the change within
  seven calendar days. The Contractor shall include in the DQC Plan the discipline-specific checklists
  to be used during the design and quality control of each submittal. The completed checklists shall be
  submitted at each design phase as part of the project documentation. Example checklists can be
  found in ER 1110-1-12.

  The DQC Plan shall be implemented by an assigned person with the Contractor's organization who
  shall be cognizant of and assure that all documents on the project have been coordinated. This
  individual shall be a person who has verifiable engineering or architectural design experience and is
  a registered professional engineer or architect. The Contractor shall notify the Contracting Officer,
  in writing, of the name of the individual and the name of an alternate person assigned to the position.

  The Contracting Officer will notify the Contractor, in writing, of the acceptance of the DQC Plan.




Page 49 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  After acceptance, any changes proposed by the Contractor are subject to the acceptance of the
  Contracting Officer.

3.2.3 Content of the CQC Plan

  The CQC plan shall include, as a minimum, the following to cover all design and construction
  operations, both onsite and offsite, including work by subcontractors, designers of record,
  consultants, architect/engineer's (A/E's), fabricators, suppliers, and purchasing agents (The design
  QC Plan shall incorporate appropriate portions of these requirements, applicable to design activities):

       a. describe the quality control organization, including a chart showing lines of authority and
  acknowledgment that the CQC staff shall implement the three-phase control system for all aspects of
  construction work. The staff shall include a CQC System Manager who shall report to the site
  project superintendent.

       b. List the name, qualifications (in resume format), duties, responsibilities, and authorities of
  each person assigned a CQC function.

       c. Include a copy of the letter to the CQC System Manager signed by an authorized official of
  the firm, which describes the responsibilities and delegates sufficient authorities to adequately
  perform the functions of the CQC System Manager, including authority to stop work that is not in
  compliance with the contract. The CQC System Manager shall issue letters of direction to all other
  various quality control representatives outlining duties, authorities, and responsibilities. Furnish
  copies of these letters to the Government.

       d. Describe procedures for scheduling, reviewing, certifying, and managing submittals,
  including those of subcontractors, designers of record, consultants, A/E's, off-site fabricators,
  suppliers, and purchasing agents. These procedures shall be in accordance with Section 01330 -
  SUBMITTAL PROCEDURES.

        e. Describe control, verification, and acceptance testing procedures for each specific test to
  include the test name, specification paragraph requiring test, feature of work to be tested, test
  frequency, and person responsible for each test. (The Contracting Officer must approve Laboratory
  facilities.)

       f. Describe procedures for tracking preparatory, initial, and follow-up control phases for
  construction and control, verification, and acceptance tests including documentation.

       g. Describe procedures for tracking design and construction deficiencies from identification
  through acceptable corrective action. These procedures will establish verification that identified
  deficiencies have been corrected.

        h. Describe reporting procedures, including proposed reporting formats. The Contractor shall
  utilize the Contractor Module of a Government-furnished software program titled "RMS" (Resident
  Management System). See paragraph, IMPLEMENTATION OF GOVERNMENT RESIDENT




Page 50 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  MANAGEMENT SYSTEM FOR CONTRACTOR QUALITY CONTROL OF CONTRACT, of this
  section for additional details.

        i. Include a list of the definable features of work. A definable feature of work is a task, which
  is separate and distinct from other tasks, has separate control requirements, and may be identified by
  different trades or disciplines, or it may be work by the same trade in a different environment.
  Although each section of the specifications may generally be considered as a definable feature of
  work, there are frequently more than one definable features under a particular section. This list will
  be agreed upon during the coordination meeting. This list may be developed as design progresses,
  but prior to construction of that feature


        j. Furnish a list of tests to be performed as a part of the CQC Plan. The list shall give the test
  name, frequency, specification paragraph containing the test requirement, the personnel and
  laboratory responsible for each type of test, and an estimate of the number of tests required. Develop
  this list as design progresses, but prior to construction of that feature.

      k. RMS will assist in tracking and reporting for the above requirements. Sample forms
  generated from the software package shall be used as part of the CQC Plan.

3.2.4 Acceptance of Plan

  Acceptance of the Contractor's plan is required prior to the start of design and/or construction.
  Acceptance is conditional and will be predicated on satisfactory performance during the design and
  construction phases. The Government reserves the right to require the Contractor to make changes
  in his CQC plan and operations including removal of personnel, as necessary, to obtain the quality
  specified.

3.2.5 Notification of Changes

  After acceptance of the CQC plan, the Contractor shall notify the Contracting Officer in writing a
  minimum of seven calendar days prior to any proposed change. Proposed changes are subject to
  acceptance by the Contracting Officer.



3.3 COORDINATION MEETING
   After the Pre-design Conference, before start of design and/or construction, and prior to acceptance
   by the Government of the Quality Control Plan, the Contractor shall meet with the Contracting
   Officer or Authorized Representative and discuss the Contractor's quality control system. The CQC
   Plan shall be submitted for review a minimum of 10 calendar days prior to the Coordination
   Meeting. During the meeting, a mutual understanding of the system details shall be developed,
   including the forms for recording the CQC operations, design activities, control activities, testing,
   administration of the system for both onsite and offsite work, and the interrelationship of
   Contractor's Management and control with the Government's Quality Assurance. The Government




Page 51 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  will prepare the minutes of the meeting. Both the Contractor and the Contracting Officer shall sign
  them. The minutes shall become a part of the contract file. There may be occasions when
  subsequent conferences will be called by either party to reconfirm mutual understandings and/or
  address deficiencies in the CQC system or procedures, which may require corrective action by the
  Contractor.

3.4 QUALITY CONTROL ORGANIZATION

3.4.1 General

  The requirements for the CQC organization are a CQC System Manager, a Design Quality Manager
  and sufficient number of additional qualified personnel to ensure contract compliance. The
  Contractor‟s CQC organization shall maintain a presence at the site at all times during progress of
  the work and which shall have complete authority to take any action necessary to ensure contract
  compliance. The CQC staff shall be subject to acceptance by the Contracting Officer.

3.4.2 CQC System Manager

  The Contractor shall identify as CQC System Manager an individual within the on site work
  organization who shall be responsible for overall management of CQC and have the authority to act
  in all CQC matters for the Contractor. The CQC System Manager shall be a graduate engineer,
  graduate architect, or a graduate of construction management, with a minimum of 5 years
  construction experience on construction similar to this contract. This CQC System Manager shall be
  on the site at all times during construction and shall be employed by the prime Contractor. The CQC
  System Manager shall be assigned no other duties. An alternate for the CQC System Manager will
  be identified in the plan to serve in the event of the System Manager's absence. The requirements for
  the alternate will be the same as for the designated CQC Manager.

3.4.3 CQC Specialists (NOTE TO SPECIFIER: OPTIONAL ADDITIONAL PERSONNEL –
SELECT AS NEEDED- BUT KEEP TO MINIMUM NECESSARY)

  In addition to CQC personnel previously specified, the Contractor shall provide as part of the CQC
  organization specialized personnel to assist the CQC System Manager in the areas listed below.
  These personnel may be employees of the prime Contractor or subcontractors. The CQC specialists
  shall be responsible to the CQC System Manager; be physically present at the construction site
  during work on their areas of responsibility; have the necessary education and/or experience in
  accordance with the experience matrix listed herein. These individuals may perform other duties but
  must be allowed sufficient time to perform their assigned quality control duties as described in the
  Quality Control Plan or they may be assigned only CQC duties, at the Contractor‟s option. The
  Contractor may elect for a person to perform one or more of the functions listed below, provided that
  the person meets the appropriate qualifications and has adequate time to properly cover the function.


EXPERIENCE MATRIX- (EXAMPLES- EDIT AS NECESSARY FOR JOB)




Page 52 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


       Area                                Minimum Qualifications
  a. Civil                                       Graduate Engineer with 2 years work experience
                                                 in the type of work to be performed on this
                                                 project or technician with 5 yrs related
                                                 experience

          b. Mechanical                            Graduate Mechanical Engineer with 2 years
                                                   experience or person with 5 yrs related
                                                   experience

  c. Electrical                                    Graduate Electrical Engineer with 2 k. Design
                                                   QC                    Registered Architect or
                                                   Professional Engineer

  years experience or person with 5 yrs related experience

  [d. Structural                                   Graduate Structural Engineer with 2 years
                                                   experience or person with 5 yrs related
                                                   experience]

  [e. Architectural                                Graduate Architect with 2 years experience or
                                                   person with 5 yrs related experience]

  [f. Environmental                                Graduate Environmental Engineer with 3 yrs
                                                   experience]

  [g. Submittals                                   Submittal Clerk]

  [h. Occupied Family Housing Coordinator          Person, customer relations type]

  [i. Concrete, Pavement, and Soils                Materials Technician with 2 yrs experience in
                                                   the appropriate area]

  [j. Testing, Adjusting and Balancing Personnel   Specialist must be a member of AABC or an
                                                   experienced technician of the firm certified by
                                                   the NEBB.]

  k. Design QC                                     Registered Architect or Professional Engineer

3.4.4 Additional Requirement

  In addition to the above experience and education requirements, the CQC System Manager shall
  have completed the course entitled, "Construction Quality Management for Contractors". The
  Resident Engineer can arrange for this training.




Page 53 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


3.4.5 Organizational Changes

  The Contractor shall obtain Contracting Officer's acceptance before replacing any member of the
  CQC staff. Requests shall include the names, qualifications, duties, and responsibilities of each
  proposed replacement. Upon acceptance of any changes, the Contractor shall revise the CQC plan to
  accurately reflect the changes. The CQC plan shall be kept current at all times during the life of the
  contract.

3.5 SUBMITTALS AND DELIVERABLES

  Submittals shall be made as specified in Section 01330 - SUBMITTAL PROCEDURES. The CQC
  organization shall be responsible for certifying that all submittals are in compliance with the contract
  requirements.

[3.6 IMPLEMENTATION OF GOVERNMENT RESIDENT MANAGEMENT SYSTEM FOR
CONTRACTOR QUALITY CONTROL OF CONTRACT

(Note to Specifier: Delete the following if the separate Guide Specification, entitled “QUALITY
CONTROL SYSTEM” is used or if QCS will not be used for the contract)

  The government will use software entitled “Resident Management System For Windows (“RMS”) to
  assist in its monitoring and administration of this contract. The Contractor shall utilize a
  Government-furnished contractor module of RMS, called “QCS” to record, maintain and submit
  various information to the Government throughout design and construction.              This joint
  Government-Contractor use of RMS/QCS will facilitate the electronic exchange of information and
  overall management of the contract. QCS provides the means for the contractor to input, track, and
  electronically share information with the government in the following areas:

            Administration
            Finances
            Daily Progress Reports
            Quality Control Reports
            Submittal Monitoring
            Scheduling
            Import/Export of data


  QCS is a Windows-based program that can be run on a stand-alone personal computer or on a
  network. The Government will make available the QCS software to the Contractor after award of
  the construction contract. The Contractor shall be responsible to download, install and use the latest
  version of the QCS software from the Government's RMS Internet Website. Upon specific
  justification and request by the Contractor, the Government can provide QCS on (3-1/2 inch) high-
  density diskettes or CD-ROM. Any program updates of QCS will be made available to the
  Contractor via the Government RMS Website as they become available.




Page 54 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


 The following listed hardware and software is the minimum system             configuration that the
 Contractor shall have to run QCS:


  Hardware

             IBM-compatible PC with 200 MHz Pentium or higher processor

             32+ MB RAM

             4 GB hard drive disk space for sole use by the QCS system

             3 1/2 inch high-density floppy drive

             Compact disk (CD) Reader

             Color monitor

             Laser printer compatible with HP LaserJet III or better, with minimum 4 MB installed
             memory.

             Connection to the Internet, minimum 28 BPS

Software


             MS Windows 95 or newer version operating system (MS Windows NT 4.0 or newer is
             recommended)

             Word Processing software compatible with MS Word 97 or newer

             Internet browser

             The Contractor's computer system shall be protected by virus protection software that
             is regularly upgraded with all issued manufacturer's updates throughout the life of the
             contract.

             Electronic mail (E-mail) compatible with MS Outlook]


3.7 CONTROL (CONSTRUCTION)

  Contractor Quality Control is the means by which the Contractor ensures that the construction, to
  include that of subcontractors and suppliers, complies with the requirements of the contract. The
  CQC System Manager shall conduct at least three phases of control for each definable feature of




Page 55 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  construction work, as follows:


3.7.1 Preparatory Phase

  This phase shall be performed prior to beginning work on each definable feature of work, after all
  required plans/documents/materials are approved/accepted, and after copies are at the work site. For
  this phase, the CQC shall:

       a. Review each paragraph of applicable specifications, reference codes and standards. The
  Contractor shall make available and maintain a copy, in the field, of the referenced codes and
  standards applicable to the work to be accomplished, until final acceptance of the work.

       b. Review the contract drawings.

      c. Check to assure that all materials and/or equipment have been tested, submitted, and
  approved.

       d. Review provisions that have been made to provide required control inspection and testing.

        e. Examine the work area to assure that all required preliminary work has been completed and
  is in compliance with the contract.

       f. Physically examine required materials, equipment, and sample work to assure that they are
  on hand, conform to approved shop drawings or submitted data, and are properly stored.

       g. Review the appropriate activity hazard analysis to assure safety requirements are met.

      h. Discuss procedures for controlling quality of the work including repetitive deficiencies.
  Document construction tolerances and workmanship standards for that feature of work.

       i. Check to ensure that the Contracting Officer has accepted the portion of the plan for the work
  to be performed.

       j. Discuss the initial control phase.

       k. Notify the Government at least 48 hours in advance of beginning the preparatory control
  phase. This phase shall include a meeting conducted by the CQC System Manager and attended by
  the superintendent, other CQC personnel (as applicable), and the foreman responsible for the
  definable feature. The results of the preparatory phase actions shall be documented by separate
  minutes prepared by the CQC System Manager and attached to the daily CQC report. The
  Contractor shall instruct applicable workers as to the acceptable level of workmanship required in
  order to meet contract specifications.




Page 56 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


3.7.2 Initial Phase

  This phase shall be accomplished at the beginning of a definable feature of work. Include the
  following actions:

      a. Check work to ensure that it is in full compliance with contract requirements. Review
  minutes of the preparatory meeting.

       b. Verify adequacy of controls to ensure full contract compliance. Verify required control
  inspection and testing.

       c. Establish level of workmanship and verify that it meets minimum acceptable workmanship
  standards. Compare with required sample panels as appropriate.

       d. Resolve all differences.

       e. Check safety to include compliance with and upgrading of the safety plan and activity hazard
  analysis. Review the activity analysis with each worker.

       f. Notify the Government at least 24 hours in advance of beginning the initial phase. Separate
  minutes of this phase shall be prepared by the CQC System Manager and attached to the daily CQC
  report. Exact location of initial phase shall be indicated for future reference and comparison with
  follow-up phases.

      g. The initial phase should be repeated for each new crew to work on site, or any time
  acceptable specified quality standards are not being met.


3.7.3 Follow-up Phase

  Perform daily checks to assure control activities, including control testing, are providing continued
  compliance with contract requirements, until completion of the particular feature of work. The
  checks shall be made a matter of record in the CQC documentation. Conduct final follow-up checks
  and correct all deficiencies prior to the start of additional features of work, which may be affected by
  the deficient work. The Contractor shall not build upon or conceal non-conforming work.

3.7.4 Additional Preparatory and Initial Phases

  Conduct additional preparatory and initial phases on the same definable features of work if the
  quality of on-going work is unacceptable, if there are changes in the applicable CQC staff, onsite
  production supervision or work crew, if work on a definable feature is resumed after a substantial
  period of inactivity, or if other problems develop.


3.8 TESTS




Page 57 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



3.8.1 Testing Procedure

  The Contractor shall perform specified or required tests to verify that control measures are adequate
  to provide a product, which conforms to contract requirements. Upon request, the Contractor shall
  furnish to the Government duplicate samples of test specimens for possible testing by the
  Government. Testing includes operation and/or acceptance tests when specified. The Contractor
  shall procure the services of a Corps of Engineers approved testing laboratory or establish an
  approved testing laboratory at the project site. The Contractor shall perform the following activities
  and record and provide the following data:

       a. Verify that testing procedures comply with contract requirements.

       b. Verify that facilities and testing equipment are available and comply with testing standards.

       c. Check test instrument calibration data against certified standards.

        d. Verify that recording forms and test identification control number system, including all of
  the test documentation requirements, have been prepared.

        e. Record results of all tests taken, both passing and failing tests, on the CQC report for the
  date taken. Record the specification paragraph reference, location where tests were taken, and the
  sequential control number identifying the test. If Approved by the Contracting Officer, actual test
  reports may be submitted later with a reference to the test number and date taken. Provide an
  information copy of tests performed by an offsite or commercial test facility directly to the
  Contracting Officer. Failure to submit timely test reports as stated may result in nonpayment for
  related work performed and disapproval of the test facility for this contract. The Contractor shall
  maintain a test log of all tests performed, by type, date, and specification section.

3.8.2 Testing Laboratories

3.8.2.1 Capability Check

  The Government reserves the right to check laboratory equipment in the proposed laboratory for
  compliance with the standards set forth in the contract specifications and to check the laboratory
  technician's testing procedures and techniques. Laboratories utilized for testing soils, concrete,
  asphalt, and steel shall meet criteria detailed in ASTM D 3740 and ASTM E 329.


3.8.2.2 Capability Recheck

  If the selected laboratory fails the capability check, the Contractor will be assessed a charge of
  $1,000.00 to reimburse the Government for each succeeding recheck of the laboratory or the
  checking of a subsequently selected laboratory. Such costs will be deducted from the contract
  amount due the Contractor.




Page 58 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



3.8.3 On Site Laboratory

  The Government reserves the right to utilize the Contractor's control testing laboratory and
  equipment to make assurance tests and to check the Contractor's testing procedures, techniques, and
  test results at no additional cost to the Government.

3.8.4 Furnishing or Transportation of Samples for Testing

  The Contractor shall bear costs incidental to the transportation of samples or materials. Upon
  request, the Contractor shall deliver samples of materials for test verification and acceptance testing
  by the Government to the Corps of Engineers Laboratory, f.o.b., at the following address:

  For delivery by mail and for other deliveries:

       Commander, U.S. Army Engineer Waterways Experiment Station
       ATTN: CEWES-SC
       3909 Halls Ferry Road
       Vicksburg, Mississippi 39180-6199

  Coordination for each specific test, exact delivery location, and dates will be made through the
  Government‟s Area/Resident Office.

3.9 COMPLETION INSPECTION

3.9.1 Punch-Out Inspection

  Near the completion of all work or any increment thereof established by a completion time stated in
  the Special Clause entitled "Commencement, Prosecution, and Completion of Work," or stated
  elsewhere in the specifications, the CQC System Manager shall conduct an inspection of the work
  and develop a punch list of items which do not conform to the approved drawings and specifications.
   Such a list of deficiencies shall be included in the CQC documentation, as required by paragraph
  DOCUMENTATION below, and shall include the estimated date by which the deficiencies will be
  corrected. The CQC System Manager or staff shall make a second inspection to ascertain that all
  deficiencies have been corrected. Once this is accomplished, the Contractor shall notify the
  Government that the facility is ready for the Government Pre-Final inspection.


3.9.2 Pre-Final Inspection

  The Government will perform this inspection to verify that the facility is complete and ready to be
  occupied. A Government Pre-Final Punch List may be developed as a result of this inspection. The
  Contractor's CQC System Manager shall ensure that all items on this list have been corrected before
  notifying the Government so that a Final inspection with the customer can be scheduled. Any items
  noted on the Pre-Final inspection shall be corrected in a timely manner. These inspections and any




Page 59 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


  deficiency corrections required by this paragraph shall be accomplished within the time slated for
  completion of the entire work or an particular increment thereof if the project is divided into
  increments by separate completion dates.

3.9.3 Final Acceptance Inspection

  The Contractor's Quality Control Inspection personnel, plus the superintendent or other primary
  management person, and the Contracting Officer's Representative shall attend this inspection.
  Additional Government personnel including, but not limited to, those from Base/Post Civil Facility
  Engineer user groups, and major commands may also be in attendance. The Contracting Officer will
  formally schedule the final acceptance inspection, based upon results of the Pre-Final inspection.
  Provide notice to the Contracting Officer at least 14 days prior to the final acceptance inspection and
   include the Contractor's assurance that all specific items previously identified to the Contractor as
  being unacceptable, along with all remaining work performed under the contract, will be complete
  and acceptable by the date scheduled for the final acceptance inspection. Failure of the Contractor to
  have all contract work acceptably complete for this inspection will be cause for the Contracting
  Officer to bill the Contractor for the Government's additional inspection cost in accordance with the
  contract clause titled "Inspection of Construction".

3.10 DOCUMENTATION

  The Contractor shall maintain current records providing factual evidence that required quality
  control activities and/or tests have been performed. These records shall include the work of
  subcontractors and suppliers. [If QCS is in the contract substitute this statement for the words “shall
  be on an acceptable form,”: The QCS module includes a quality control report format.] The report
  shall be on an acceptable form, including, as a minimum, the following information:

       a. Contractor/subcontractor and their area of responsibility.

       b. Operating plant/equipment with hours worked, idle, or down for repair.

      c. Work performed each day, giving location, description, and by whom. When Network
  Analysis (NAS) is used, identify each phase of work performed each day by NAS activity number.

       d.     Test and/or control activities performed with results and references to
  specifications/drawings requirements. The control phase should be identified (Preparatory, Initial,
  Follow-up). List deficiencies noted along with corrective action.

       e. Quantity of materials received at the site with statement as to acceptability, storage, and
  reference to specifications/drawings requirements.

       f. Submittals reviewed, with contract reference, by whom, and action taken.

       g. Offsite surveillance activities, including actions taken.




Page 60 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


       h. Job safety evaluations stating what was checked, results, and instructions or corrective
  actions.

       i. Instructions given/received and conflicts in plans and/or specifications.

       j. Contractor's verification statement.

  These records shall indicate a description of trades working on the project; the number of personnel
  working; weather conditions encountered; and any delays encountered. These records shall cover
  both conforming and deficient features and shall include a statement that equipment and materials
  incorporated in the work and workmanship comply with the contract. Furnish the original and one
  copy of these records in report form to the Government at the beginning of the next day after the date
  covered by the report, except that reports need not be submitted for days on which no work is
  performed. As a minimum, submit one report for every 7 days of no work and on the last day of a
  no work period. Account for all calendar days throughout the life of the contract. The first report
  following a day of no work shall be for that day only. The CQC System Manager shall sign and date
  all reports. The report from the CQC System Manager shall include copies of test reports and copies
  of reports prepared by all subordinate quality control personnel.


3.11 SAMPLE FORMS

        Sample forms are enclosed at the end of this section.

3.12 NOTIFICATION OF NONCOMPLIANCE

  The Contracting Officer will notify the Contractor of any detected noncompliance with the foregoing
  requirements. The Contractor shall take immediate corrective action after receipt of such notice.
  Such notice, when delivered to the Contractor at the worksite, shall be deemed sufficient for the
  purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting
  Officer may issue an order stopping all or part of the work until satisfactory corrective action has
  been taken. No part of the time lost due to such stop orders shall be made the subject of claim for
  extension of time or for excess costs or damages by the Contractor.




Page 61 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      SECTION 01320
                                   PROJECT SCHEDULE
                               DESIGN-BUILD CONSTRUCTION
                                        (May 2002)

1.   GENERAL

     1.1 SUBMITTALS

          Government approval is required for submittals with a "GA" designation; submittals having
          an "FIO" designation are for information only. The following shall be submitted in
          accordance with Section 01330 SUBMITTAL PROCEDURES:

          SD-07 Schedules

          Initial Project Schedule; GA; CD/OD

          Preliminary Project Schedule; GA; CD/OD

          Periodic Schedule Updates; GA; CD/OD

          [Three][_____]copies of the schedules showing codes, values, categories, numbers, items,
          etc., as required.

          SD-08 Statements

          Qualifications; FIO; CD/OD

          Documentation showing qualifications of personnel preparing schedule reports.

          SD-09 Reports

          Narrative Report; FIO; CD/OD

          Schedule Reports; FIO; CD/OD

          [Three] [_____] copies of the reports showing numbers, descriptions, dates, float, starts,
          finishes, durations, sequences, etc., as required.


     1.2. QUALIFICATIONS
          The Contractor shall designate an authorized representative who shall be responsible for the
          preparation of all required project schedule reports. This person shall have previously
          created and reviewed computerized schedules. Qualifications of this individual shall be
          submitted to the Contracting Officer's Representative for review with the Preliminary Project




Page 62 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


         Schedule submission.

2.   PRODUCTS (Not Applicable)

3.   EXECUTION

     3.1 GENERAL

         Pursuant to the Contract Clause, SCHEDULE FOR CONSTRUCTION CONTRACTS a
         Project Schedule as described below shall be prepared. The Contractor shall be responsible
         for scheduling of all design, procurement and construction activities. Contractor
         management personnel shall actively participate in its development. Designers.
         subcontractors and suppliers working on the project should also contribute in developing and
         maintaining an accurate Project Schedule. The approved Project Schedule shall be used to
         measure the progress of the work, to aid in evaluating time extensions, and to provide the
         basis of all progress payments.

     3.2 BASIS FOR PAYMENT

         The schedule shall be the basis for measuring Contractor progress. Lack of an approved
         schedule or scheduling personnel shall result in an inability of the Contracting Officer's
         Representative to evaluate Contractor progress for the purposes of payment. Failure of the
         Contractor to provide all information, as specified below, shall result in the disapproval of
         the entire Project Schedule submission and the inability of the Contracting Officer's
         Representative to evaluate Contractor progress for payment purposes. In the case where
         Project Schedule revisions have been directed by the Contracting Officer's Representative
         and those revisions have not been included in the Project Schedule, then the Contracting
         Officer's Representative may hold retainage up to the maximum allowed by contract, each
         payment period, until revisions to the Project Schedule have been made.

     3.3 PROJECT SCHEDULE

         The computer software system utilized by the Contractor to produce the Project Schedule
         shall be capable of providing all requirements of this specification. Failure of the Contractor
         to meet the requirements of this specification shall result in the disapproval of the schedule.
         Manual methods used to produce any required information shall require approval by the
         Contracting Officer's Representative.

         3.3.1 Use of the Critical Path Method

         The Critical Path Method (CPM) of network calculation shall be used to generate the Project
         Schedule. The Contractor shall provide the Project Schedule in either the Precedence
         Diagram Method (PDM) or the Arrow Diagram Method (ADM).




Page 63 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



         3.3.2 Level of Detail Required

                  With the exception of the initial and preliminary schedule submission, the Project
                  Schedule shall include an appropriate level of detail. Failure to develop or update the
                  Project Schedule or provide data to the Contracting Officer's Representative at the
                  appropriate level of detail, as specified by the Contracting Officer's Representative,
                  shall result in the disapproval of the schedule. The Contracting Officer's
                  Representative will use, but is not limited to, the following conditions to determine
                  the appropriate level of detail to be used in the Project Schedule.

                  3.3.2.1 Activity Durations

                  Contractor submissions shall be required to follow the direction of the Contracting
                  Officer's Representative regarding reasonable activity durations. Reasonable
                  durations are those that allow the progress of activities to be accurately determined
                  between payment periods. A rule of thumb, that the Contractor should use, is that
                  less than 2 percent of all non-procurement activities' Original Durations shall be
                  greater than 20 days.

                  3.3.2.2 Design and Permit Activities

                  The Contractor shall integrate design and permitting activities, including necessary
                  conferences and follow-up actions and design package submission dates into the
                  schedule.

                  3.3.2.3 Procurement Activities

                  Tasks related to the procurement of long lead materials or equipment shall be
                  included as separate activities in the project schedule. Long lead materials and
                  equipment are those materials that have a procurement cycle of over 90 days.
                  Examples of procurement process activities include, but are not limited to:
                  submittals, approvals, procurement, fabrication, delivery, installation, start-up, and
                  testing.

                  3.3.2.4 Government Activities

                  Government and other agencies activities that could impact progress shall be shown.
                   These activities include, but are not limited to: design reviews, submittal reviews,
                  environmental permit approvals by State regulators, inspections, utility tie-in,
                  Government Furnished Equipment (GFE) and notice to proceed for phasing
                  requirements.

                  3.3.2.5 Workers Per Day




Page 64 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                  All activities shall have an estimate of the average number of workers per day that
                  are expected to be used during the execution of the activity. If no workers are
                  required for an activity, in the case of activities related to procurement, for example,
                  then the activity shall be identified as using zero workers per day. The Workers Per-
                  Day Code shall identify the workers-per day information for each activity.

                  3.3.2.6 Responsibility

                  The party responsible to perform the work shall identify all activities in the project
                  schedule. Responsibility includes, but is not limited to, the subcontracting firm,
                  contractor work force, or government agency performing a given task. Activities
                  shall not belong to more than one responsible party. The responsible party for each
                  activity shall be identified by the Responsibility Code.

                  3.3.2.7 Work Areas

                  All activities shall be identified in the project schedule by the work area in which the
                  activity occurs. Activities shall not be allowed to cover more than one work area.
                  The work area of each activity shall be identified by the Work Area Code.

                  3.3.2.8 Modification or Claim Number

                  Any activity that is added or changed by contract modification or used to justify
                  claimed time shall be identified by a mod or claim code that changed the activity.
                  Activities shall not belong to more than one modification or claim item. The
                  modification or claim number of each activity shall be identified by the Mod or
                  Claim Number.

                  3.3.2.9 Bid Item

                  All activities shall be identified in the project schedule by the Bid Item to which the
                  activity belongs. An activity shall not contain work in more than one bid item. The
                  bid item for each appropriate activity shall be identified by the Bid Item Code.

                  3.3.2.10    Phase of Work

              All activities shall be identified in the project schedule by the phases of work in which
              the activity occurs. Activities shall not be allowed to contain work in more than one
              phase of work. The project phase of each activity shall be by the unique Phase of
              Work Code.

                  3.3.2.11    Category of Work

              All Activities shall be identified in the project schedule according to the category of
              work which best describes the activity. Category of work refers, but is not limited to,




Page 65 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


              the procurement chain of activities including such items as submittals, approvals,
              procurement, fabrication, delivery, installation, start-up, and testing. The category of
              work for each activity shall be identified by the Category of Work Code.

                  3.3.2.12    Feature of Work

              All activities shall be identified in the project schedule according to the feature of work
              to which the activity belongs. Feature of work refers, but is not limited to a work
              breakdown structure for the project. The feature of work for each activity shall be
              identified by the Feature of Work Code.

         3.3.3 Scheduled Project Completion

                  The schedule interval shall extend from notice-to-proceed to the contract completion
                  date.

                  3.3.3.1     Project Start Date

                  The schedule shall start no earlier than the date that the Notice to Proceed (NTP) was
                  acknowledged. The Contractor shall include as the first activity in the project
                  schedule an activity called "Start Project". The "Start Project" activity shall have: an
                  "ES" constraint, a constraint date equal to the date that the NTP was acknowledged,
                  and a zero day duration.

                  3.3.3.2     Constraint of Last Activity

                  Completion of the last activity in the schedule shall be constrained by the contract
                  completion date. Calculation on project updates shall be such that if the early finish
                  of the last activity falls after the contract completion date, then the float calculation
                  shall reflect a negative float on the critical path. The Contractor shall include as the
                  last activity in the project schedule an activity call "End Project". The "End Project"
                  activity shall have: a "LF" constraint, a constraint date equal to the completion date
                  for the project, and a zero day duration.

                  3.3.3.3     Early Project Completion

                  In the event the project schedule shows completion, the project prior to the contract
                  completion date, the Contractor shall identify those activities that have been
                  accelerated and/or those activities that are scheduled in parallel to support the
                  Contractor's "early" completion. Contractor shall specifically address each of the
                  activities noted at every project schedule update period to assist the Contracting
                  Officer's Representative to evaluate the Contractor's ability to actually complete prior
                  to the contract period.




Page 66 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



         3.3.4 Interim Completion Dates
         Contractually specified interim completion dates shall also be constrained to show negative
         float if the early finish date of the last activity in that phase falls after the interim completion
         date.

                  3.3.4.1     Start Phase

                  The Contractor shall include as the first activity for a project phase an activity called
                  "Start Phase X" where "X" refers to the phase of work. The "Start Phase X" activity
                  shall have: an "ES" constraint, a constraint dates equal to the date that the NTP was
                  acknowledged, and a zero day duration.

                  3.3.4.2     End Phase

                  The Contractor shall include as the last activity in a project phase an activity called
                  "End Phase X" where "X" refers to the phase of work. The "End Phase X" activity
                  shall have: an "LF" constraint, a constraint date equal to the completion date for the
                  project, and a zero day duration.

                  3.3.4.3     Phase X

                  The Contractor shall include a hammock type activity for each project phase called
                  "Phase X" where "X:" refers to the phase of work. The "Phase X" activity shall be
                  logically tied to the earliest and latest activities in the phase.

         3.3.5 Default Progress Data Disallowed

                  Actual Start and Finish dates shall not be automatically updated by default
                  mechanisms that may be included in CPM scheduling software systems. Actual Start
                  and Finish dates on the CPM schedule shall match those dates provided from
                  Contractor Quality Control Reports. Failure of the Contractor to document the
                  Actual Start and Finish dates on the Daily Quality Control report for every in
                  progress or completed activity and insure that the data contained on the Daily Quality
                  Control reports is the sole basis for schedule updating shall result in the disapproval
                  of the Contractor's schedule and the inability of the Contracting Officer's
                  Representative to evaluate Contractor progress for payment purposes.

         3.3.6 Out-of-Sequence Progress

                  Activities that have posted progress without predecessors being completed
                  (Out-of-Sequence Progress) shall be allowed only by the case-by-case approval of the
                  Contracting Officer's Representative. The Contracting Officer's Representative may
                  direct that changes in schedule logic be made to correct any or all out-of-sequence
                  work.




Page 67 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



         3.3.7 Extended Non-Work Periods

                  Designation of Holidays to account for non-work periods of over [5] [_____] days
                  shall not be allowed. Non-work periods of over [5] [_____] days shall be identified
                  by addition of activities that represent the delays. Modifications to the logic of the
                  project schedule shall be made to link those activities that may have been impacted
                  by the delays to the newly added delay activities.

3.3.8    Negative Lags

                  Lag durations contained in the project schedule shall not have a negative value.

    3.4 PROJECT SCHEDULE SUBMISSIONS

         The Contractor shall provide the submissions as described below. The data disk, reports, and
         network diagrams required for each submission are contained in paragraph SUBMISSION
         REQUIREMENTS.


         3.4.1 Preliminary Project Schedule Submission

                  The Preliminary Project Schedule, defining the Contractor's planned operations for
                  the first [60] [_____] calendar days shall be submitted for approval within [20]
                  [_____] calendar days after Notice to Proceed is acknowledged. The approved
                  preliminary schedule shall be used for payment purposes not to exceed [60] [_____]
                  calendar days after Notice to Proceed.

         3.4.2 Initial Project Schedule Submission

                  The Initial Project Schedule shall be submitted for approval within [40] [_____]
                  calendar days after Notice to Proceed. The schedule shall provide a reasonable
                  sequence of activities, which represent work through the entire project and shall be at
                  a reasonable level of detail.

         3.4.3 Periodic Schedule Updates

                  Based on the result of progress meetings, specified in "Periodic Progress Meetings,"
                  the Contractor shall submit periodic schedule updates. These submissions shall
                  enable the Contracting Officer's Representative or to assess Contractor's progress. If
                  the Contractor fails or refuses to furnish the information and project schedule data,
                  which in the judgment of the Contracting Officer's Representative or authorized
                  representative, is necessary for verifying the contractor's progress, the Contractor
                  shall be deemed not to have provided an estimate upon which progress payment may
                  be made.




Page 68 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



         3.4.4 Standard Activity Coding Dictionary

                  The Contractor shall submit, with the Initial Project Schedule, a coding scheme that
                  shall be used throughout the project for all activity codes contained in the schedule.
                  The coding scheme submitted shall list the values for each activity code category and
                  translate those values into project specific designations. For example, a
                  Responsibility Code Value, "ELE", may be identified as "Electrical Subcontractor."
                  Activity code values shall represent the same information throughout the duration of
                  the contract. Once approved with the Initial Project Schedule submission, changes to
                  the activity-coding scheme must be approved by the Contracting Officer's
                  Representative.

    3.5 SUBMISSION REQUIREMENTS

         The following items shall be submitted by the Contractor for the initial submission, and
         every periodic project schedule update throughout the life of the project:


         3.5.1 Data Disks

         [Three] [_____] data disks containing the project schedule shall be provided. Data on the
         disks shall be in the format specified in [_____].

                  3.5.1.1    File Medium

                             Required data shall be submitted on [3.5] [_____] disks, formatted to
                             hold [1.44 MB] [_____] of data, under the [MS-DOS] [_____] [Version
                             5.0] [_____] operating system.

                  3.5.1.2    Disk Label

                             A permanent exterior label shall be affixed to each disk submitted. The
                             label shall indicate the type of schedule (Initial, Update, or Change), full
                             contract number, project name, project location, data date, name and
                             telephone number or person responsible for the schedule, and the
                             [MS-DOS] [_____] version used to format the disk.

                  3.5.1.3    File Name

                             Each file submitted shall have a name related to either the schedule data
                             date, project name, or contract number. The Contractor shall develop a
                             naming convention that will insure that the names of the files submitted
                             are unique. the Contractor shall submit the file naming convention to the
                             Contracting Officer's Representative for approval.




Page 69 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



         3.5.2 Narrative Report

                  A Narrative Report shall be provided with each update of the project schedule. This
                  report shall be provided as the basis of the Contractor's progress payment request.
                  The Narrative Report shall include: a description of activities along the [4] [_____]
                  most critical paths, a description of current and anticipated problem areas or delaying
                  factors and their impact, and an explanation of corrective actions taken.

         3.5.3 Approved Changes Verification

                  Only project schedule changes that have been previously approved by the
                  Contracting Officer's Representative shall be included in the schedule submission.
                  The Narrative Report shall specifically reference, on an activity-by-activity basis, all
                  changes made since the previous period and relate each change to documented,
                  approved schedule changes.

         3.5.4 Schedule Reports

                  format for each activity for the schedule reports listed below shall contain: Activity
                  Numbers, Activity Description, Original Duration, Remaining Duration, Early Start
                  Date, Early Finish Date, Late Start Date, Late Finish Date, Total Float. Actual Start
                  and Actual Finish Dates shall be printed for those activities in-progress or completed.

                  3.5.4.1     Activity Report

                              A list of all activities sorted according to [activity number] [or]
                              ["I-NODE" AND "J-NODE"] and then sorted according to Early Start
                              Date. For completed activities the Actual Start Date shall be used as the
                              secondary sort.

                  3.5.4.2     Logic Report

                              A list of Preceding and Succeeding activities for every activity in
                              ascending order by activity number and then sorted according to Early
                              Start Date. For completed activities the Actual Start Date shall be used
                              as the secondary sort.

                  3.5.4.3     Total Float Report

                              A list of all activities sorted in ascending order of total float. Activities,
                              which have the same amount of total float, shall be listed in ascending
                              order of Early Start Dates.




Page 70 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                  3.5.4.4    Earnings Report

                             A compilation of the Contractor's Total Earnings on the project from the
                             Notice to Proceed until the most recent Monthly Progress Meeting. This
                             report shall reflect the Earnings of specific activities based on the
                             agreements made in the field and approved between the Contractor and
                             Contracting Officer's Representative at the most recent Monthly Progress
                             Meeting. Provided that the Contractor has provided a complete schedule
                             update, this report shall serve as the basis of determining Contractor
                             Payment. Activities shall be grouped by bid item and sorted by activity
                             numbers. This report shall: sum all activities in a bid item and provide a
                             bid item percent; complete and sum all bid items to provide a total
                             project percent complete. The printed report shall contain, for each
                             activity: [Activity Number] [or] ["i-node" and "j-node"], Activity
                             Description, Original Budgeted Amount, Total Quantity, Quantity to
                             Date, Percent Complete (based on cost), Earnings to Date.


         3.5.5 Network Diagram

                  The network diagram shall be required on the initial schedule submission [and on
                  [monthly] [or] [quarterly] schedule update submissions] [_____]. The network
                  diagram shall depict and display the order and interdependence of activities and the
                  sequence in which the work is to be accomplished. The Contracting Officer's
                  Representative will use, but is not limited to, the following conditions to review
                  compliance with this paragraph:

                  3.5.5.1    Continuous Flow

                             Diagrams shall show a continuous flow from left to right with no arrows
                             from right to left. The activity or event number, description, duration,
                             and estimated earned value shall be shown on the diagram.

                  3.5.5.2    Project Milestone Dates

                             Dates shall be shown on the diagram for start of project, any contract
                             required interim completion dates, and contract completion dates.

                  3.5.5.3    Critical Path

                             The critical path shall be clearly shown.

                  3.5.5.4    Banding




Page 71 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                             Activities shall be grouped to assist in the understanding of the activity
                             sequence. Typically, this flow will group activities by category of work,
                             work area and/or responsibility.

                  3.5.5.5    S-Curves

                             Earnings curves showing projected early and late earnings and earnings
                             to date.

    3.6 PERIODIC PROGRESS MEETINGS

         Progress meetings to discuss payment shall include a monthly on-site meeting or other
         regular intervals mutually agreed to at the preconstruction conference. During this meeting
         the Contractor will describe, on an activity-by-activity basis, all proposed revisions and
         adjustments to the project schedule required to reflect the current status of the project. The
         Contracting Officer's Representative will approve activity progress, proposed revisions, and
         adjustments as appropriate.

         3.6.1 Meeting Attendance

                  The Contractor's Project Manager and Scheduler shall attend the regular progress
                  meeting.

         3.6.2 Update Submission Following Progress Meeting

                  A complete update of the project schedule containing all approved progress,
                  revisions, and adjustments, based on the regular progress meeting, shall be submitted
                  not later than 4 working days after the monthly progress meeting.

         3.6.3 Progress Meeting Contents

                  Update information, including Actual Start Dates, Actual Finish Dates, Remaining
                  Durations, and Cost to Date shall be subject to the approval of the Contracting
                  Officer's Representative. The following minimum set of items, which the Contractor
                  shall address, on an activity-by-activity basis, during each progress meeting.

                  3.6.3.1    Start and Finish Dates

                             The Actual Start and Actual Finish dates for each activity currently
                             in-progress or completed activities.

                  3.6.3.2    Time Completion

                             The estimated Remaining Duration for each activity in-progress.
                             Time-based progress calculations must be based on Remaining Duration




Page 72 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                              for each activity.

                  3.6.3.3     Cost Completion

                              The earnings for each activity started. Payment shall be based on
                              earnings for each in-progress or completed activity. Payment for
                              individual activities shall not be made for work that contains quality
                              defects. A portion of the overall project amount may be retained based
                              on delays of activities.

                  3.6.3.4     Logic Changes

                              All logic changes pertaining to Notice to Proceed on change orders,
                              change orders to be incorporated into the schedule, contractor proposed
                              changes in work sequence, corrections to schedule logic for
                              out-of-sequence progress, [lag durations,] and other changes that have
                              been made pursuant to contract provisions shall be specifically identified
                              and discussed.

                  3.6.3.5     Other Changes

                              Other changes required due to delays in completion of any activity or
                              group of activities are those delays beyond the Contractors control such
                              as strikes and unusual weather. Also included are delays encountered due
                              to submittals, Government Activities, deliveries or work stoppage which
                              makes re-planning the work necessary, and when the schedule does not
                              represent the actual prosecution and progress of the work.

    3.7 REQUESTS FOR TIME EXTENSIONS

         In the event the Contractor requests an extension of the contract completion date, he shall
         furnish such justification, project schedule data and supporting evidence as the Contracting
         Officer's Representative may deem necessary for a determination as to whether or not the
         Contractor is entitled to an extension of time under the provisions of the contract.
         Submission of proof of delay, based on revised activity logic, duration, and costs (updated to
         the specific date that the delay occurred) is obligatory to any approvals.

         3.7.1 Justification of Delay

                  The project schedule must clearly display that the Contractor has used, in full, all the
                  float time available for the work involved with this request. The Contracting
                  Officer's Representative's determination as to the number of allowable days of
                  contract extension, shall be based upon the project schedule updates in effect for the
                  time period in question and other factual information. Actual delays that are found to
                  be caused by the Contractor's own actions, which result in the extension of the




Page 73 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                  schedule, shall not be a cause for a time extension to the contract completion date.

         3.7.2 Submission Requirements

                  The Contractor shall submit a justification for each request for a change in the
                  contract completion date of under two weeks based upon the most recent schedule
                  update at the time of the Notice to Proceed or constructive direction issued for the
                  change. Such a request shall be in accordance with the requirements of other
                  appropriate Contract Clauses and shall include, as a minimum:

                  a.   A list of affected activities, with their associated project schedule activity
                       number.

                  b.   A brief explanation of the causes of the change.

                  c.   An analysis of the overall impact of the changes proposed.

                  d.   A sub-network of the affected area.

                  Activities impacted in each justification for change shall be identified by a unique
                  activity code contained in the required data file.

         3.7.3 Additional Submission Requirements

                  For any request for time extension for over 2 weeks, the Contracting Officer's
                  Representative may request an interim update with revised activities for a specific
                  change request. The Contractor shall provide this disk within 4 days of the
                  Contracting Officer's Representative's request.

    3.8 DIRECTED CHANGES

         If Notice to Proceed (NTP) is issued for changes prior to settlement of price and/or time, the
         Contractor shall submit proposed schedule revisions to the Contracting Officer's
         Representative within 2 weeks of the NTP being issued. The proposed revisions to the
         schedule will be approved by the Contracting Officer's Representative prior to inclusion of
         those changes within the project schedule. If the Contractor fails to submit the proposed
         revisions, the Contracting Officer's Representative may furnish the Contractor suggested
         revisions to the project schedule. The Contractor shall include these revisions in the project
         schedule until the Contractor submits revisions, and final changes and impacts have been
         negotiated. If the Contractor has any objections to the revisions furnished by the Contracting
         Officer's Representative, then the Contractor shall advise the Contracting Officer's
         Representative within 2 weeks of receipt of the revisions. Regardless of the objections, the
         Contractor will continue to update their schedule with the Contracting Officer's
         Representative's revisions until a mutual agreement in the revisions may be made. If the
         Contractor fails to submit alternative revisions within 2 weeks of receipt of the Contracting




Page 74 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


         Officer's Representative's proposed revisions, the Contractor will be deemed to have
         concurred with the Contracting Officer's Representative's proposed revisions. The proposed
         revisions will then be the basis for an equitable adjustment for performance of the work.

    3.9 OWNERSHIP OF FLOAT

         Float available in the schedule, at any time, shall not be considered for the exclusive use of
         either the Government or the Contractor.




Page 75 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


PART 8        GUIDANCE AND SAMPLES SECTION 01012 ”DESIGN AFTER AWARD”

Guidance for the Design Process (see below)
Designer of Record’s Role
Constructor’s Role (See also discussion in Part 4 of this document)
Samples Section 01012 “Design After Award”

8.1 General: The fundamental difference between a traditional design-bid build contract
and a design- build contract is that the Design-Build Contractor is responsible for the
performance aspects of the design, for completing the prescriptive design features, for
design integration and for extensions to the design; whereas the Government holds this
responsibility in the traditional D-B-B contract. The Government’s role is more of a
combination of building code official and contract oversight. The Government reviewers
ensure that the Design-Builder complies with the terms and conditions of the contract and
any applicable building codes. Often, the Government’s main challenge is in keeping up
with the fast track design-build schedule and not delaying the Contractor. The Design-
Builder accomplishes this design responsibility through designated “designers of record.”
Because there are no inherent contractual roles and responsibilities in a design-build
contract and because of the non-traditional roles and responsibilities of the Owner and
the Design-Builder, the contract must define them, including both the DOR(s) and the
Government reviewers. The contract should also define the number and format of design
submittals. The contract should describe the required content of design submittals, the
amount of time the Government needs to review submittals, describe the design review
conferences and resolution of review comments, prior to the Government concurring with
the design for purposes of construction. From lessons learned, it has been found that the
Government should not allow unrestricted fast tracking of the construction schedule, due
to review resource limitations. In addition, recent case law has imposed limitations on the
owner’s rights to require tear-out and replacement of non-conforming work, if there will be
“economic waste” incurred in doing so. The economic waste principle sometimes restricts
the remedy to a credit based on the reduced or impaired value (shorter life, increased
operating or maintenance costs, etc.) of the non-conforming work.

8.2 Unlike in a design-bid-build contract, the plans and specifications are not a
contractual document between the Owner and the Design-Builder. The solicitation and
the Design-Builder’s accepted design proposal form the contract, while the completed
drawings and specifications are deliverables. The plans and specifications are the
design-build team’s construction roadmap and instructions, as well as the owner’s as-built
documentation. You should expect differences in the level of detail used in design-build.
The design-builder may decide to develop more details by means of shop drawings and
other types of documentation for extensions to design. The D-B documents may include
references to brand names, rather than generic products or salient features used when
competition is necessary (D-B-B documents). For this reason, the Agency should not
simply refer to District Design Manuals for content and format of the design submittals.
We suggest that Section 01012 DESIGN AFTER AWARD should include the appropriate
requirements from the Design Manual and modified requirements, tailored for design-
build. If the District’s Design Manual has been edited to specifically address design-build
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

contract deliverables, then it may be acceptable to reference the design manual, rather
than extract applicable requirements from it.

8.3 Defining the Designer of Record’s roles and responsibilities in the design-build
contract.

8.3.1 Conventional Design-Build Contracts:

Section 1012 of the D-B contract, when using MasterFormat, or the Corps of Engineers’
Design-Build Format in TI 800-03 for Design-Build Construction, entitled “DESIGN AFTER
AWARD”, should identify the requirement for designated Designer(s) of Record and should
describe the DOR(s)’ responsibilities. The contract should require the DOR(s) to stamp, sign
and date all drawings, studies, submittals and other design products, as is done in standard
commercial practice. This helps assure that the design product has been designed or
produced by, or under, the direct supervision of the DOR. Lessons learned have revealed
that non-engineers sometimes design systems for the design-builder, by-passing the DOR.

8.3.2 Indefinite-Delivery/Indefinite-Quantity Contracts:

Indefinite-delivery/indefinite-quantity (“task order”) contracts contain broad scopes of work
or statements of work, often including a description of the roles and responsibilities of the
parties. “The Statement of Work” for an indefinite-delivery/indefinite-quantity contract may
alternately include this information, if the contract doesn’t contain a Section 01012. The
Statement of Work is Section 01010 when using the MasterFormat or COE Design-Build
Format. You could alternately include it as a Special Contract Requirement in Section
0800 of the Solicitation.
________________________________________________________________

Paragraph XXX :      DESIGNER OF RECORD

The Contractor shall identify a Designer of Record (“DOR”) for each area of design. All
design disciplines shall be accounted for by listed, registered Designer(s) of Record. Each
DOR shall be responsible for ensuring integrity of their design and design integration in all
construction submittals and extensions to design developed by others, such as the
constructor, subcontractors or suppliers. The DOR shall review and approve all construction
submittals and extensions to design, in accordance with the procedures, described in Section
01330 SUBMITTALS. Each DOR shall be responsible for the responses to “Requests for
Information” (“RFI’s”), applicable to their area of design responsibility. Each DOR shall
stamp, sign, and date all design drawings under their responsible discipline at each design
submittal stage (see Contract clause - "REGISTRATION OF DESIGNERS") and all
submittals under their responsible discipline, in accordance with the submittal review
procedures. The DOR shall sign-off on all applicable RFI responses. “ (End of Paragraph)
    _____________________________________________________________

8.3.3 CONTRACT CLAUSE: Requirements for Registration of Designers




Page 77 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

In coordination with Section 01012 Design after Award, Include this standard Architect-
Engineer contract clause in Section 0700 Contract Clauses of all design-build construction
contracts, including indefinite-delivery/indefinite-quantity contracts. Section 01012, “Design
After Award”, specifies the requirements for the D-B contractor to designate “designers of
record” for each design discipline. Section 01330, “Submittals”, especially edited/revised for
design-build contracts, specifies the role of the DOR(s) to review and approve all submittals
for extensions to design and other submittals, requiring coordination with the design. Section
01010, “Proposal Submission Requirements”, requires offerors to identify and submit
qualifications for the DOR(s). The below FAR Clause establishes minimum standards for
registration.


52.236-0025 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN 2003)
Architects or engineers registered to practice in the particular professional field involved in
a State, the District of Columbia, or an outlying area of the United States shall prepare or
review and approve the design of architectural, structural, mechanical, electrical, civil, or
other engineering features of the work.
                                       (End of Clause)



8.4 The Constructor’s Role During Design

8.4.1. Benefits to the D-B Team of Constructor Involvement during Design:

In a design-build construction contract, the design-builder assumes the non-traditional
responsibility for the adequacy of the design and for design integration. Many traditional
constructors are initially uncomfortable with this added responsibility and the risk of
potential liability for errors or omissions or design problems. However, assumption of the
design responsibility offers the design-builder many benefits and potential rewards, also.
Some of the primary benefits of design-build are that biddability and constructability
should be greatly increased due to interaction with and input from the constructor and the
primary trade subcontractors, during design. The constructor and trade subs will often
influence design by emphasizing design elements, which they are specialists in. The fact
that the design is executed close to the time of actual construction will also allow market
pricing of design options. The constructor and its key subs can determine the best
material options and systems pricing available during design. The constructor can also
identify and eliminate unconstructable or uneconomical design features or details. The
designer can directly communicate the design intent to the constructor and key subs,
therefore allowing better understanding of the design, resulting in better integration of and
better extensions to the design.

8.4.2. Benefits to the Owner:

The owner also directly benefits from this possibility, in a guaranteed maximum price or
cost reimbursement contract, in an indefinite-delivery/indefinite quantity (“ID/IQ” or “Task



Page 78 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Order”) contract. The owner also realizes savings in a fixed price contract, as well,
because the good D-B team will take these benefits into account when preparing its lump
sum price. If the constructor and key subs have direct involvement with the design and
better understand the design, the quality of construction will improve. The bottom line is
more value to the project for all parties.

8.4.3. Defining the Role of the Constructor During Design in the D-B Contract

Why should the owner specify this non-traditional role in the contract? Won’t the design-
builder automatically assume this role? The answer, in a firm-fixed price contract is, “yes–
maybe.” A GOOD, experienced design-build team will inherently perform this function.
However, the Corps of Engineers does not allow previous design-build experience to be a
qualifying evaluation factor for award. There are still first-time D-B contractors being
awarded contracts. Many contracts are sole source and are negotiated as such. Indefinite-
delivery/indefinite quantity contracts feature individually awarded tasks. Cost reimbursement
contracts should always define or authorize any non-traditional tasks or responsibilities. We
want ensure that the design-builder is specifically aware of its expected role during design.
There are several locations in the contract that the non-traditional role of the constructor
during design can be identified. You can include a Special Contract Requirement. You can
include a paragraph in Section 01012 “Design After Award”. For an ID/IQ contract, you can
easily include a paragraph in the general statement of work or scope of work, Section 01010.
___________________________________________________________________

Paragraph XXX: CONSTRUCTOR’S ROLE DURING DESIGN – JUN 1998

The Contractor’s construction management key personnel shall be actively involved
during the design process to effectively integrate the design and construction
requirements of this contract. In addition to the typical required construction activities,
the constructor’s involvement includes, but is not limited to actions such as: integrating
the design schedule into the Master Schedule to maximize the effectiveness of fast-
tracking design and construction (within the limits allowed in the contract), ensuring
constructability and economy of the design, integrating the shop drawing and
installation drawing process into the design, executing the material and equipment
acquisition programs to meet critical schedules, effectively interfacing the construction
QC program with the design QC program, and maintaining and providing the design
team with accurate, up-to-date redline and as-built documentation. The Contractor
shall require and manage the active involvement of key trade subcontractors in the
above activities, as appropriate, if subcontracts have been awarded.


8.5 Revisions to the Design-Builder’s Reviewed Design:

There is much debate concerning whether how much contractual freedom the design-
build contractor should have to revise its design, after the Government has reviewed and
concurred with it. There have been complaints from Government field office personnel
that the design-builder will simply change the design when confronted with a non-




Page 79 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

conformance notice from the Government. The design-builder’s plans and specifications
are not contractual documents, but rather represent the D-B’s instructions to the
constructor and the subs. The design must conform to the contract requirements (the RFP
and the accepted design-proposal). However, the design-builder has some latitude to
correct design errors and omissions and to revise the design, within reason – for
numerous needs that may arise during performance. However, the designer of record is
responsible for the integrity of the design, therefore must approve any and all revisions to
or deviations from the design. In addition, the Government must retain the right to concur
with any deviations or revisions. If the deviation will impact any Government decisions
made on the basis of the reviewed and concurred design, the Government can then non-
concur with the deviation and the design-builder would have to build to the reviewed
design or propose another mutually agreeable solution, as appropriate for the situation.
The Government often orders furniture, equipment, and furnishings, based on the
intermediate or final design submittal. In addition, if repeated deviations are a result of a
material weakness or failure in the design-builder’s construction quality control program,
management steps should be taken to require the Contractor to correct the weakness or
failure and the Contractor should be required to comply with the design, unless there is a
justifiable reason for the deviations. We recommend that something similar to the
following wording be incorporated into section 01012, “Design After Award”. Some offices
may prefer to include this as a special contract requirement, in Section 00700 of the
contract solicitation.
_______________________________________________________________________

Paragraph XX.        DEVIATING FROM THE ACCEPTED DESIGN

(a.) The Contractor must obtain the approval of the Designer of Record and the
Government’s concurrence for any Contractor proposed revision to the Government reviewed
and concurred design.

(b.) The Government reserves the right to non-concur with any revision to the design, which
may impact furniture, furnishings or equipment selections that were made, based on the
reviewed and concurred design.

(c.) Any revision to the design, which deviates from the contract requirements (i.e., the RFP
and the accepted proposal), will require a modification, pursuant to the Changes clause, in
addition to Government concurrence. The Government reserves the right to disapprove such
a revision.

(d.) Unless the Government initiates a change to the contract requirements, or the
Government determines that the Government furnished design criteria are incorrect and must
be revised, any Contractor initiated proposed change to the contract requirements, which
results in additional cost, shall strictly be at the Contractor's expense.

e.) The Contractor shall track all approved revisions to the reviewed and accepted design and
shall incorporate them into the as-built design documentation, in accordance with agreed
procedures. (END)




Page 80 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

_______________________________________________________________________

8.6 Examples of Section 01012. There is no guide specification for Section 01012. We
have included two examples, which may be helpful in formatting your Section 01012. The
first example extracts relevant information from the design manual to include in the project
specifications, while the second example references specific requirements in a District’s
design manual.




Page 81 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      -SAMPLE #1-
                                     SECTION 01012

                               DESIGN AFTER AWARD
                                             07/03

{Note: The following is based on Baltimore District’s master for Section 01012. It has
been edited to emphasize certain PROSPECT Course design-build teaching points.}

PART 1 GENERAL

 THE CONTRACTOR SHALL PAY SPECIAL ATTENTION TO SECTIONS 00700 AND
 00800 OF THE CONTRACT FOR CONTRACT CLAUSES AND INFORMATIONAL TEXT
 REGARDING THIS DESIGN-BUILD CONTRACT. The Contractor shall schedule the
 number and composition of the design submittal phases and include that information in the
 progress charts. Design submittals are required at the {NOTE: WHEN CHOICES ARE
 BRACKETED, SELECT OR EDIT AS APPROPRIATE FOR YOUR PROJECT} [pre-
 concept (10%)], [concept (30%)], [preliminary (50%)], [final (95%)] [and] design complete
 (100%) stage[s]. The requirements of each design stage are listed hereinafter.

1.1    DESIGNERS OF RECORD

 All design disciplines shall be accounted for by registered Designers of Record (DOR).
 DOR shall be responsible for ensuring integrity of their design and design integration in all
 construction submittals and extensions to design developed by others, such as the
 constructor, subcontractors or suppliers. DOR shall review and approve all construction
 submittals and extensions of design, in accordance with the procedures, described in
 Section 01330 SUBMITTALS PROCEDURES FOR DESIGN BUILD. The DOR shall stamp,
 sign, and date all final design drawings under their responsible discipline.

1.2     SEQUENCE OF DESIGN-CONSTRUCTION

 Fast track construction start is [not] permitted by this contract. [See Section 0800 for
 restrictions on fast tracking.]

1.3    QUANTITY OF DESIGN SUBMITTALS

 The documents that the Contractor shall submit to the Government for each submittal are
 listed and generally described hereinafter. Unless otherwise indicated, the Contractor shall
 submit [twenty five (25)] [ ] copies of each item required at each Review Submittal stage. All
 drawings for interim review submittals shall be half-size. At the Design Complete Submittal,
 the Contractor shall submit five (5) complete full size sets of drawings, five (5) complete half
 size sets and two copies of CADD files in AUTOCADD Release 2000 format, five (5) sets of
 the specifications and two (2) copies on electronic medium in Microsoft Word.




Page 82 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

1.4    DELIVERY OF DESIGN SUBMITTALS

 [After award of the contract the Government will furnish the Contractor [ ] separate
 addresses where design submittals shall be delivered.] [The contractor shall deliver the
 quantities of items of each submittal to the addressees on the attached Review Distribution
 List.]

 Each delivery shall have a transmittal letter accompanying it indicating the date, design
 percentage, type of submittal, list of items submitted, transmittal number and point of
 contact with telephone number.

1.5    COORDINATION

{Note: design interviews are highly recommended and can be specified here or in a
Special Contract Requirement in Section 0800}

[1.5.1 Design Interviews:

  After the award of the contract, before the Concept Review Submittal, the Contractor shall
  visit the site and conduct extensive interviews and problem solving discussions with the
  individual users, personnel of [XXXXXXXXX Name of Installation Engineer] and the [XXX]
  District Corps of Engineers personnel to acquire all necessary design information, review
  user operations and to discuss user needs. The Contractor shall document all criteria and
  requirements obtained and determine the functional, furniture and furnishings, spatial,
  electrical, communications, and mechanical requirements of the building and site. The
  design shall be finalized as a direct result of these interviews.]

1.5.2 Written Records

 The contractor shall prepare a written record of each design site visit, meeting, or
 conference, either telephonic or personal, and furnish the record within five (5) working
 days to the Contracting Officer and all parties involved. The written record shall include
 subject, names of participants, outline of discussion, and recommendation or conclusions.
 The written records shall be numbered in consecutive order.

1.5.3 Design Needs List

 Throughout the life of this contract the Contractor shall furnish the Contracting Officer a
 biweekly "needs" list for design related items. This list shall itemize design data required by
 the Contractor to advance the design in a timely manner. Each list shall include a
 sequence number, description of action item, name of the individual or agency responsible
 for satisfying the action item and remarks. Once a request for information is initiated, that
 item shall remain on the list until the requested information has been furnished or otherwise
 resolved.




Page 83 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

1.6    GOVERNMENT REVIEW COMMENTS

 Within 21 days after Notice to Proceed, the Contractor shall submit, for approval, a
 complete design schedule with all submittals and review times indicated in calendar days.
 Generally, the Contractor shall update this schedule monthly. However, the contractor shall
 provide the government a minimum advance notice of fourteen (14) calendar days of any
 changed submittal dates. Corps of Engineers’ project reviews are performed using
 DrChecks, a web-based review management system (http://www.projnet.org). The
 contractor companies must register in DrChecks in preparation for the review process. The
 contractor shall coordinate with the Government for registration assistance.

 Upon receipt of a submittal, the Government shall do a cursory check of quality and
 quantity. If a design submittal is lacking, it will be returned for correction and resubmission.
 The review time will begin when the corrected submittal is received. If an otherwise
 satisfactory design submittal is over one (1) day late in accordance with the latest design
 schedule, the Government review period may be extended up to seven (7) days.

 After satisfactory submittal receipt, the Government will be allowed [fourteen (14)][( )] days
 to review and comment on each [pre-concept (10%)][concept (30%)][preliminary (50%)]
 design submittal and [twenty-one (21)][ ] days to review and comment on the final (95%)
 design submittal, except as noted below. For each design review submittal, Government
 comments from the various design sections and from other concerned agencies involved in
 the review process will be made in DrChecks.

 The review will be for conformance with the contract. The Contractor shall respond to all
 comments in DrChecks in advance of the next scheduled submittal. The response shall
 identify action taken with citation of location within the relevant document. Generalized
 statements of intention such as “will comply” or “will revise the specification” are not
 acceptable.

 If the Contractor disagrees technically with any comment and does not intend to comply
 with the comment, the Contractor must clearly outline, with ample justification, the reasons
 for noncompliance within five (5) days after close of the review period in order that the
 comment can be resolved. If the Contractor believes the action required by any comment
 exceeds the requirements of this contract, he should “flag” the comment within DrChecks
 as being outside design scope. Further, the contractor shall notify the Government in writing
 immediately.

 Review conferences will be held for each design submittal at [ ]. The Contractor shall bring
 the personnel that developed the design submittal to the review conference. These
 conferences will take place the week after review completion of each submittal.

 During the design review process, comments will be made on the design submittals that will
 change the drawings and specifications. The Government will pay no additional
 compensation to the Contractor for the incorporation of comments. Review comments are
 considered part of the design/build process.




Page 84 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



1.7    DESIGN ANALYSIS

1.7.1 Media and Format

 Present the design analysis on 8-1/2-inch by 11-inch paper except that larger sheets may
 be used when required for graphs or other special calculation forms. All sheets shall be in
 reproducible form. The material may be typewritten, hand lettered, handwritten, or a
 combination thereof, provided it is legible. Side margins shall be 1-inch minimum to permit
 side binding and head to head printing. Bottom margins shall be 1-1/4-inches, with page
 numbers centered 1 inch from the bottom.

1.7.2 Organization

 Assign the several parts and sheets of the design analysis a sequential binding number and
 bind them under a cover indicating the name of the facility and project number, if
 applicable. The title page shall carry the designation of the submittal being made. The
 complete design analysis presented for final review with the final drawings and
 specifications shall carry the designation "FINAL DESIGN ANALYSIS" on the title page.

1.7.3 Design Calculations

 Design calculations are a part of the design analysis. When they are voluminous, bind
 them separately from the narrative part of the design analysis. Present the design
 calculations in a clean and legible form incorporating a title pages and index for each
 volume. Furnish a table of contents, which shall be an index of the indices, when there is
 more than one volume. Identify the source of loading conditions, supplementary sketches,
 graphs, formulas, and references. Explain all assumptions and conclusions. Calculation
 sheets shall carry the names or initials of the computer and the checker and the dates of
 calculations and checking. No portion of the calculations shall be computed and checked
 by the same person.

1.7.4 Computerized Design Analysis

 The design analysis shall include descriptions of the computer programs used and copies
 of the input data and output summaries. When the computer output is large, it may be
 divided into volumes at logical division points. Precede each set of computer printouts by
 an index and by a description of the computation performed. If several sets of computations
 are submitted, a general table of contents in addition to the individual indices shall
 accompany them. Preparation of the description that must accompany each set of
 printouts shall include the following:

       Explain the design method, including assumptions, theories, and formulas.

       Include applicable diagrams, adequately identified.




Page 85 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       State exactly the computation performed by the computer.

       Provide all necessary explanations of the computer printout format, symbols, and
       abbreviations.

       Use adequate and consistent notation.

       Provide sufficient information to permit manual checks of the results.

1.8    DRAWINGS

1.8.1 General

 Prepare all drawings using Computer-Aided Design and Drafting (CADD) so that they are
 well-arranged and present complete information. The Contractor shall prepare the drawings
 with such clarity that the Corps of Engineers could construct the facility without any
 additional assistance from the Contractor. Drawings shall be complete. Unnecessary work
 such as duplicate views, notes and lettering, and repetition of details shall not be permitted.
  Do not show standard details not applicable to the project, and minimize unnecessary
 wasted space. Do not include details of standard products or items that are adequately
 covered by specifications on the drawings. Detail the drawings such that conformance with
 the contract can be checked and to the extent that shop drawings can be checked. Do not
 use shop drawings as design drawings. The Contractor shall use standard Corps of
 Engineers title blocks and borders on all drawings. An index of drawings shall be included
 with each submittal. The Government will furnish the Contractor drawing numbers for
 inclusion in the title blocks of the drawings.

 All CADD drawings shall be prepared in accordance with the applicable provisions of the
 "CENABEN Contract Clauses for CADD Deliverables" which are available at
 http://www.en.nab.usace.army.mil or by request on CD ROM.

1.9    SPECIFICATIONS AND SUBMITTAL REGISTER

1.9.1 Specifications
 {NOTE: USE OF UNIFIED FACILITIES GUIDE SPECIFICATIONS AND SPECSINTACT
 BY THE DESIGN-BUILDER IS NOT A USACE REQUIREMENT, BUT MIGHT BE
 REQUIRED BY A DISTRICT. OTHERWISE, USE OF ANY NATIONALLY RECOGNIZED
 SPECIFICATIONS SYSTEM IS ALLOWED FOR DESIGN-BUILD PROJECTS} The
 design shall be developed using Unified Facilities Guide Specifications (UFGS) and
 SPECSINTACT software. Both the UFGS and SPECSINTACT are available free of charge
 for downloading from http://www.ccb.org/ufgs/ufgs.htm. Where UFGS do not include a
 specification for a particular feature of work, the Contractor may use specifications from
 other agencies or sources, or provide custom-written specifications. Such specifications
 only may use another software program than SPECSINTACT. The specifications for this
 project shall be edited and submitted in hand marked-up or graphic highlighted (via word
 processor or specification software) draft version at the Final (95%) Review submittal stage.




Page 86 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

  UFGS shall only be edited as directed in the specification notes and instructions, where
 choice options allow, and where features of work are added or deleted. A minimum quality
 standard for the project shall be maintained by only selecting among the choices for
 quantity and quality that are presented in the applicable UFGS unless specifically indicated
 otherwise in Section 1011, Design Criteria. As one example, in a UFGS specification for
 floor covering where the presented choices for thickness are [3/32][1/8][ ], the minimum
 thickness for the project shall be 3/32.
 Manufacturer's catalog cut sheets will not be accepted as a substitute for the "products"
 portion of the specifications, nor any other part. Catalog cut sheets may be added to the
 specifications, but not as a substitute.

 [Include with Contractor prepared specifications all Sections from the RFP (furnished by the
 Government in SPECSINTACT "sec" files) and specification attachments (furnished by the
 Government in portable document format and readable with Adobe Acrobat).]

 Project specifications shall be furnished in CSI, 40 Division, 3 Part Section Format. Each
 specification volume shall include a cover page and table of contents and be [printed on 20
 lb. white paper. ] [furnished on CD-ROM disks.]

 The cover page shall include:

       a. Project title, activity and location

       b. Construction contract number

       c. Construction Contractor's name and address

       d. Design firm's name and address

       e. Names of design team members responsible for each Contractor prepared
          technical discipline of the project specification

       f. Name and signature of a Principal of the design firm

       g. Line for the designated Government representative to sign and date for the
          Government.

1.9.2 Submittal Register

 The contractor shall develop the submittal requirements during the design phase of the
 contract, by producing a Constructor Submittal Register, in accordance with Section 01330
 Submittals for Design-Build Construction. Proper tagging of SPECSINTACT-prepared
 specifications allows this form to be generated at printing. If custom-written specifications
 are developed which are not in SPECSINTACT, the register for those sections must match
 the SPECSINTACT-generated form in format and columns (quantities and designations).
 The Contractor shall be responsible for listing all required construction submittals necessary




Page 87 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 to insure the project requirements are complied with. The Register shall identify submittal
 items such as shop drawings, manufacturer's literature, certificates of compliance, material
 samples, guarantees, test results, etc. that the Contractor shall submit for review {NOTE:
 The Government should seldom approve design-build submittals. That is normally
 the role of the design-builder’s Designer of Record. The Government should normally
 only review for conformance to the contract, consisting of the RFP design criteria
 and the accepted proposal. The Government should only “approve” submittals that it
 specifically designates for some particularly special purpose.} [and/or approval action]
 during the life of the construction contract. The Designer of Record shall edit the
 submittal register and specifications to designate which submittals are for DOR
 approval or for DOR Information and indicate that submittals are for Government
 Information or Approval (where GA is designated by the Government) – See Section
 01330.],

 During construction the Contractor will be required to run the submittal register program in
 the Resident Management System (RMS). SPECSINTACT allows downloading of a
 submittal register program that is compatible with the RMS. However, for construction
 purposes the Contractor will be required to add all submittals from non-SPECSINTACT-
 prepared specifications into RMS manually. The Contracting Officer can provide advice
 regarding this process if requested to do so.

1.10   SURVEYING & MAPPING

 If a site survey is required by Section 01010, Design Requirements, the Contractor shall
 provide the survey in accordance with the requirements listed below.

 All survey work shall be performed under the supervision of a registered land surveyor. The
 final survey shall be signed and sealed by that surveyor.

 Survey accuracy shall be third order for topographic surveys and second order for GPS
 control. The survey shall comply with all applicable sections of the National Map Accuracy
 Standard and FGCC Geometric Accuracy Standards and Specifications for using GPS
 Relative Positioning Techniques.

 The survey shall be provided in CADD format in accordance with the Drawings
 requirements section above.

 The survey shall be scaled at 1:500, with one-foot contour intervals. Contour lines shall be
 continuous 2-Dimensional polylines with X and Y coordinates along the same Z elevation.
 Contours shall be created by a tin of the surveyed point data utilizing land development
 software. The tin shall be an accurate model of the existing site. One tin shall be
 developed for the entire site. Major (five foot) and minor (one foot) contour intervals shall be
 placed on separate CADD layers. All contours shall be dashed, with different line weights
 differentiating the minor and major contours. Spot elevations shall be provided as
 necessary to clearly delineate the topography, including all high and low points.




Page 88 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 Horizontal control shall be based on the NAD83 system. Vertical control shall be based on
 the NAVD88 system. Coordinate and/or elevation information shall be provided for traverse
 points, benchmarks, grid ticks, and grid reference points. Each drawing sheet shall include
 a north arrow and a drawing scale.

    All major features affecting the topography shall be shown, including buildings, roads,
    channels, swales, and wetlands. The type of construction (brick, wood, metal, etc.) and
    finish floor elevations shall be indicated for all buildings and structures.

 The survey shall show all existing utilities (aerial, surface, and subsurface). The type, size,
 top and invert elevations, direction of flow, and utility owner shall be indicated.

 Underground utilities shall be located by [Miss Utility][          ]. The surveyor shall perform
 test pits as necessary to verify the location and depth of underground utilities. The surveyor
 shall repair utilities to their original condition if damaged by the test pit excavation. Test pits
 shall be coordinated with the installation or municipality prior to any excavation.

 The survey shall show all paved areas, including equipment pads. The type of pavement
 and the location of curb and gutter shall be shown.

 The survey shall show the location, type, and size of individual trees, or, if applicable, the
 existing tree lines.

 The minimum text size for notes, narrative, and tables shall be 12 point. All other text shall
 be at least 10 point.

1.11   DESIGN SUBMITTALS

1.11.1 Pre-Concept (10%) Submittal

 In addition to active participation in the design conferences [specified in Section 00800,
 Special Contract Requirements] [specified above], the DOR shall provide a pre-concept
 (10%) submittal of design interview drawings as described below. These drawings shall be
 based on interviews conducted by the Contractor with the customer(s) and user(s) as
 necessary to determine functional, spatial, and operational requirements. The purpose of
 this submittal is primarily to ensure that the Contractor is working towards a facility and site
 layout that will be acceptable to the Government. The Government will take [seven (7)] [ ]
 days to review the drawings. The Contractor shall incorporate the comments and resubmit
 the drawings. The Government will take another [seven (7)] [             ] days to review the
 drawings. The Contractor shall obtain Government acceptance prior to proceeding to the
 next design phase. Design submittals, including any resubmittals, shall contain fifteen (15)
 copies of the drawings, criteria, and interview documentation and any updates. Resubmittal
 shall include revised drawings and any related documentation resulting from the review of
 the submittal and any additional interviews necessary to finalize customer and user
 requirements. The design submittal shall contain as a minimum, the following:




Page 89 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

1.11.1.1    Site Layout Plan

 The Contractor shall provide a site layout plan showing the proposed layout of the building,
 roads, parking and other paved areas, retaining walls, etc. The plan shall be provided to
 scale. While a grading plan is not required at this stage, the submittal should as a minimum
 demonstrate the intended drainage patterns and the requirements for major cut and fill or
 retaining structures. The intent of this submission will be to sufficiently demonstrate that
 the required functions of the site can be met within the site constraints given with a layout
 that is acceptable to the government. The submittal will include an explanation of
 objectives and factors influencing siting decisions and a general overview of major site
 features, such as building orientation, drainage patterns, parking provisions, traffic
 circulation and delivery access, provisions for the handicapped, security requirements, etc.

1.11.1.2    Architectural Floor Plan

 The Contractor shall provide a floor plan of the facility drawn to scale that shows the
 proposed room locations.

1.11.2 [Concept (30%)][Preliminary (50%)] Design Submittal

 NOTE: Content of this master subparagraph is based upon a customary 50%
 submittal. The RFP author shall edit as appropriate for a 30% submittal if that
 submittal is selected.

 The review of this submittal is primarily to ensure that the contract documents and design
 analysis are proceeding in a timely manner and that the design criteria are being correctly
 interpreted. The design submittal shall contain, as a minimum, the following:

1.11.2.1    Site Development

 A. Design Analysis: A narrative description of siting requirements and design rationale for
 roads, streets, parking facilities, earthwork, utilities, and other related site aspects shall be
 provided. The design analysis shall address the following:

       1.    Orientation: Unless otherwise indicated in Section 01011, Design Criteria,
             buildings shall be oriented to take advantage of passive solar heating and
             cooling where feasible. Buildings to be air-conditioned should be sited with the
             long axis of the building in an east-west plane. The orientation may deviate if
             detailed solar studies indicate an alternate orientation is more energy efficient; if
             the topography does not accommodate proper orientation and there are no
             viable alternate sites; or if a building to be heated by solar radiation requires an
             alternate orientation for maximum solar exposure. A full explanation of the
             building orientation shall be included in the design analysis.




Page 90 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       2.   Storm Drainage: The design of all new storm drainage and an analysis of the
            existing storm drainage to which the new will be connected, if applicable, shall be
            presented.

       3.    Roof Drainage: The roof drainage system shall be designed in accordance with
            the National Plumbing Code. Collection of all roof drain downspouts that
            discharge onto paved areas in an underground piping system is preferred in
            order to avoid icing problems for pedestrians in cold weather. The interior roof
            drainage system shall be coordinated with all other design disciplines to avoid
            conflicts with mechanical piping and ductwork, structural components, etc.

       4.   Sanitary Sewers: A description of existing and proposed sanitary sewer facilities
            and supporting design computations shall be provided.

       5.   Water Service: A description of existing and proposed water service for the
            proposed facility shall be provided. Adequacy of the existing system and
            additions required for adequate fire protection shall be included.

       6.   Erosion and Sedimentation Control and Stormwater Management: A description
            of erosion and sediment control and storm water management requirements,
            design, and design rationale shall be provided.

 B.    Drawings shall include:

       1.   Survey Plan

       2.    Demolition Plan: Items to be removed, abandoned and relocated shall be clearly
            indicated with a legend. An asbestos and lead paint survey shall be conducted
            where demolition work is required.

       3.   Grading Plan: A grading plan shall be provided including:

            a.    Existing topography, including contours with sufficient spot elevations to
                  establish existing ground surface in high and low areas. Existing buildings,
                  roads, streets, parking areas, storm drains, sanitary sewers, water lines,
                  gas lines, steam lines, etc., to remain shall be shown. The base line and
                  bench mark information shall be identified.

            b.    New buildings, roads, parking facilities, etc. shall be shown.

            c.    New grading, including the finish floor elevations for all new buildings and
                  other structures, shall be shown with contours and spot elevations in
                  sufficient detail to indicate the drainage pattern and earthwork quantities.

            d.    Locations of all inlets, storm and sanitary manholes, water valve, electric
                  manholes and other utility structures visible at grade on the plan shall be




Page 91 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                  indicated. New utility lines serving the utilities shall not be shown on this
                  plan.

             e.   Storm water management detention areas shall be shown if required.

        4.    Utilities Plan: All existing and new utilities shall be shown, including but not
             limited to sanitary sewers, force mains, water lines, storm drainage, roof drains,
             gas lines, subdrainage, and foundation drains. Electrical and telephone lines may
             be shown on an electrical utility plan. All new and existing buildings, roads,
             parking areas etc. shall be shown. Contours and spot elevations shall not be
             shown. The plan shall clearly present:

             a.   Existing and new sanitary sewers and force mains, including manhole and
                  cleanout locations Sizes of all sanitary sewers and force mains shall be
                  indicated.

             b.   Existing and new water distribution and service lines, including valve and
                  fire hydrant locations. Sizes of all service and distribution lines shall be
                  shown.

             c.   Existing and new storm drainage system and roof drainage with inlets,
                  manholes, and headwalls indicated. Sizes of storm drains shall be shown.

             d.   Existing and new steam and/or gas distribution and service lines including
                  valves.

             e.   All utilities to be abandoned, relocated, or removed.

        5.    Layout Plan: Layout dimensions for all new features shall be shown. Base lines
             used to lay out the new work shall be clearly identified. The use of coordinates
             for locating new features is acceptable, but base line layouts are preferable.
             Layout data may be shown on the Utilities Plan if feasible. If the project has
             numerous utilities, a separate layout plan shall be prepared for clarity.

        6.   Erosion and Sedimentation Control Plan: Temporary erosion and sediment
             control measures for the construction activity shall be shown.

 C. Outline Specifications: Appropriate guide specifications shall be selected and listed for
 the aspects of the project.

 D.     Anticipated permit requirements for water and wastewater features shall be described.

1.11.2.2     Geotechnical

      The geotechnical report should be a complete stand alone document and shall be
      stamped and signed by a registered professional engineer (P.E.), specializing in




Page 92 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


      geotechnical engineering consultation and having experience in the project’s
      geographical region. The report shall address all the geotechnical requirements in
      section 01011 and shall include descriptions/details of the following:

 A.     Project Location

 B. Project Description: The type of structures (number of stories, type of construction
 (steel, concrete, masonry), basement, slab-on-grade, pavement types, etc.

 C.     Site Description: Topography, grassed, paved, existing structures etc.

 D.     Site Investigation:

        1. Subsurface investigation: The number and depth of drill holes, test pits, CPTs etc.
             The type of drilling method used (SPT, auger, wash boring , rock coring etc). A
            subsurface exploration plan should be included as an appendix showing the
            location of all borings, test pits, CPTs etc. Final boring logs shall be included as
            an appendix to the report and they shall also be shown on the contract drawings.
             Include soils profiles if available.

        2. Laboratory Testing: The number and type of tests performed. Test results shall
            be provided as an appendix to the report.

 E.     Subsurface Conditions:

        1. Regional geology. A description of the regional geology at the project site.

        2. Soil stratigraphy. A discussion of the different soil types and layers encountered,
            consistency and Standard Penetration Test (SPT) blow counts specific to the
            project site.

        3. Bedrock stratigraphy: A discussion of the different rock layers, types, quality,
            RQD, etc.

        4. Groundwater: Discuss groundwater depths encountered and discuss any impacts
            it will have during construction.

 F. Foundation Design: Include applicable references used and assumptions made in the
 foundation analysis. Include design structural loads and allowable settlements. Provide
 allowable soil/rock bearing capacity, minimum and maximum footing sizes or type and sizes
 of deep foundation elements and magnitude of anticipated settlements. Calculations to
 support the foundation recommendations shall be included as an appendix.

 G. Pavement Design: Include applicable references used and assumptions made.
 Provide information of the type of traffic (type and frequency of vehicle passes) anticipated
 on the pavements and the subgrade type and strength used in the analysis. Provide




Page 93 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 recommended final pavement sections and indicate what design method (strength, Frost
 reduced subgrade strength, Frost limited subgrade frost penetration method) it was based
 on. Discuss pavement subdrainage.

 H. Earthwork: Discuss what soils are considered satisfactory and unsatisfactory for fill
 and backfill for buildings, paved areas and overlot areas. Indicate the compaction and
 moisture control requirements and by test methods it will be compared to (standard proctor,
 Modified Proctor). Indicate if subgrade/soil stabilization will be required. If stabilization is
 required, discuss the method of stabilization.

 I.   Include a discussion with supporting documentation on any other related geotechnical
 matter that is necessary as a part of this contract (i.e. slope stability, Mechanically
 Stabilized Earth (MSE walls, etc.)

 J. Details: Include any foundation and pavement details that would enhance or clarify
 the design recommendations.



1.11.2.3   Landscape, Planting and Turfing

 The landscape planting design narrative shall describe the analysis of existing site
 conditions, including an indication of existing plant materials that are to remain on the site.
 The statement of concept shall indicate specific site problems related to proposed
 development and the rationale for proposed plant locations. The narrative shall also
 include a list of types and sizes of plant materials to be used based upon the designated
 functional and visual criteria.

 The drawings shall be prepared in scale with the site layout and grading plans, and shall
 include reference coordinates, north arrows, graphic scales and appropriate legends. An
 overall planting layout shall be developed and enlarged detail plans of specific areas shall
 be provided as needed to clarify requirements. The proposed layout shall indicate shade
 trees, evergreen trees, flowering trees, shrub masses, etc. according to designated
 functional and visual criteria. A legend including sizes of plants recommended for each of
 the above categories shall be provided. The drawings and all subsequent plans shall
 indicate existing and proposed buildings, paved areas, signs, lights, transformers, dumpster
 areas, storm drainage system, and other structures and utilities.

1.11.2.4    Architectural

 All references used in the design shall be listed, including Government design documents
 and industry standards.

 A design narrative shall provide a summary of rooms and functional spaces, their names,
 numbers, and area in square feet, adjacencies, and circulation. A statement of interior and




Page 94 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 exterior design concepts and the rationale behind major design decisions shall be provided.
 A building code analysis shall be included.

 The design narrative shall include the Sustainable Project Rating Tool (SPiRiT) worksheet
 indicating that a minimum [bronze][silver][gold][platinum] level certification rating has been
 achieved by the design in coordination with other design disciplines.

 Drawings shall include North arrows, graphic scales, dimensions, and appropriate legends.
  Drawings shall include at a minimum, demolition plans, floor plans, roof plan, reflected
 ceiling plans, building elevations, building sections, wall sections and details, interior
 elevations, door schedule, partition types and details, finish schedule and details, storefront
 and window details, and other detail plans as required. Plans shall indicate space/room
 names and numbers, dimensions, column lines, and detail references. Toilets and other
 specialized areas shall be drawn to 1/4" scale, dimensioned, and shall show interior
 features. Special interior design features such as fascias, soffits, lighting troughs, etc. shall
 be indicated with interior elevations. Building and wall sections shall indicate locations or
 conditions to be further detailed.

 A finish schedule shall be provided indicating materials, finishes, textures, patterns, and
 colors.

 All required equipment shall be shown on the drawings, including an equipment list.

 Any special graphics or informational displays to be provided shall be listed.

 Schedules shall be provided for doors and windows. These schedules shall indicate sizes,
 types, and details for all items shown on the floor plans. A wall/partition schedule of types,
 construction, fire ratings, etc. shall be provided and keyed to the plans.

 Hardware sets shall be indicated using BHMA designations.

 Fire protection plans and analysis shall be provided. Exit capacities, travel paths and
 distances, fire extinguisher locations, etc. shall be indicated on the plans.

 Composite floor plans and elevations shall be provided to show all prewired work stations
 and typical elevations of each type of work station.

 Outline specifications based on the appropriate guide specifications shall be provided for all
 aspects of the project.

1.11.2.5   Structural Design

 All references used in the design shall be listed, including Government design documents
 and industry standards.




Page 95 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 The live loads to be used for design shall be stated, including roof and floor loads, wind
 loads, lateral earth pressure loads, seismic loads, etc. as applicable.

 The method of providing lateral stability for the structural system to meet seismic and wind
 load requirements shall be described. Sufficient calculations to verify the adequacy of the
 method shall be provided.

 Calculations, including computer analyses, shall be furnished for all principal roof, floor, and
 foundation members. Computer software used shall be widely accepted, commercially
 available programs. Sufficient documentation shall be provided to interpret input and
 output.

 Drawings showing roof and floor framing plans, including all principal members, shall be
 provided as applicable. A foundation plan shall be furnished showing main footings and
 grade beams where applicable. Where beam, column, and footing schedules are used,
 schedules shall be provided with sufficient information to indicate the method to be used.
 Typical bar bending diagrams shall be shown if applicable. Typical sections shall be
 furnished for roof, floor, and foundation conditions.

1.11.2.6   Plumbing

 All references used in the design shall be listed, including Government design documents
 and industry standards.

 Justification and brief description of the types of plumbing fixtures, piping materials and
 equipment proposed for use shall be provided.

 Detailed calculations for systems shall be provided, such as sizing calculations for waste
 and water piping, water heaters, and pumps.

 Locations and general arrangement of plumbing fixtures and major equipment shall be
 indicated.

 Plans and isometric riser diagrams of hot water, cold water, waste and vent piping shall be
 provided for all areas. Natural gas and radon piping shall be provided as required.

 Equipment and fixture schedules shall be provided, including descriptions, capacities,
 locations, connection sizes, and other information as required.

1.11.2.7   Fire Protection System

 All references used in the design including Government design documents and industry
 standards shall be listed.

 Each building shall be classified in accordance with fire zone, building floor areas, and
 height and number of stories.




Page 96 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



 A description of required fire protection, including extinguishing equipment, detection
 equipment, alarm equipment and water supply, shall be provided. Alarm and detection
 equipment shall be coordinated with the requirements of Electronic Systems.

 Hydraulic calculations based on water flow tests shall be prepared for each sprinkler
 system to ensure that flow and pressure requirements can be met with current water
 supply.

 A plan shall be provided for each building floor presenting the total fire protection features
 being incorporated into the design. The following types of information shall be provided:

       a.     The location and rating of any fire-resistive construction such as occupancy
            separations, area separations, exterior walls, shaft enclosures, corridors, stair
            enclosures, exit passageways, etc.

       b.     The location and coverage of any fire detection systems.

       c.     The location and coverage of any fire suppression systems (sprinkler risers,
            standpipes, etc.).

       d.     The location of any other major fire protection equipment.

       e.     Any hazardous areas and their classification.

       f.     A schedule including fire hazard and occupancy classifications, building
            construction type, GPM/ square foot sprinkler density, area of operation, and
            other criteria as required.

1.11.2.8    Heating, Ventilating, and Air Conditioning (HVAC)

 All references used in the design including Government design documents and industry
 standards shall be listed.

 A preliminary design analysis, including psychrometric analysis, shall be provided.

 Preliminary temperature control drawings and sequence of operation shall be provided.

 Preliminary equipment sizing, drawings, selections and schedules for major items (i.e.
 equipment, ductwork, etc.) piping plans, and details shall be provided.

 HVAC system drawings shall be included in the 50% design submittal. Separate drawings
 for HVAC and plumbing piping shall be provided.

1.11.2.9    Interior Electrical System




Page 97 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 All references used in the design including Government design documents and industry
 standards shall be listed.

 A narrative describing electrical system characteristics (phase, voltage, and number of
 wires) shall be provided, including a justification for the system chosen. A life cycle analysis
 shall be provided for 208Y/120 Volt systems of 300 kVA and above.

 A description of the lighting system(s) to be used for all areas shall be provided, including
 reference calculations.

 A tabulation showing the following shall be provided:

       a.     Room/area names and numbers.

       b.     Lighting intensity for each room and the basis for selection (I.E.S., etc.).

       c.     The type of fixture (identified by manufacturers’ catalog cuts).

       d.      The type of wiring system to be used, such as insulated conductors installed in
            rigid or intermediate metal conduit, insulated conductors installed in electrical
            metallic tubing, nonmetallic sheathed cables, etc.

       e.     A paragraph describing any special design items, such as handicapped and
            seismic design requirements, power filters, emergency power system, UPS, etc.

       f.     Any hazardous classification, including class, division, group, and reason for
            classification as defined by the National Electrical Code. The types of equipment
            to be used in these areas shall be indicated.

       g.     Lightning protection system to be installed, including the type of grounding
            system.

       h.     The basic characteristics of panel-boards, switchgear, switchboards, motor
            control centers, transfer switches, UPS, and other major pieces of electrical
            equipment being provided. Short circuit and voltage drop calculations shall be
            provided for all equipment with protective devices. Equipment interrupting ratings
            and short circuit withstand ratings based on these calculations shall be indicated.

       i.     The electrical metering equipment to be provided.

 A statement that no duct or liquid piping shall pass over and/or through any electrical space
 and/or room as defined by the National Electrical Code Article 384 shall be provided.

 The power riser or one-line diagram shall be essentially complete except for finalization of
 conduit and wire sizes.




Page 98 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 Panelboards, switchboards, switchgear, motor control centers, and all other utilization
 equipment shall be located on the floor plans. Schedules for applicable equipment shall be
 provided, and shall include all pertinent information to fully describe the equipment.
 Elevations for free standing equipment shall be provided.

 Details of the layouts for electrical closets and rooms shall be shown.

 Receptacles and lighting layouts, including complete wiring, shall be shown for typical
 rooms. Typical rooms are either same-size rooms that appear more than one time, or
 rooms of different sizes but the same function.

 Areas where nonlinear loads will be encountered shall be identified.

 A completed fixture schedule shall be included on the drawings.

1.11.2.10 Exterior Electrical Distribution System

 All references used in the design including Government design documents and industry
 standards shall be listed.

 The electrical distribution system shall be described, including the changes to be made to
 the existing system to accommodate this project. Any deficiencies to be corrected shall be
 stated and all new work being performed shall be described.

 The electrical characteristics of the power supply from the service point to the main service
 equipment shall be indicated.

 The type, number, voltage rating and connections, and kVA rating of transformers shall be
 provided.

 The type of conductor to be used and a justification for its use shall be provided.

 The criteria used for the exterior design, such as primary and secondary voltage drop, shall
 be provided. The physical characteristics of both the underground and overhead power
 lines shall be described. The short circuit current available at the site shall be provided,
 including the source of this value.

 All exterior lighting systems shall be described. The fixture types, poles, and design lighting
 levels shall be indicated. Point-to-point calculations showing that all design levels have
 been achieved shall be provided.

 Energy conservation measures and/or techniques being incorporated into the design shall
 be described.

 Exterior electrical design drawings shall indicate all poles (power and lighting), conductors
 (overhead and underground), and manholes. Pertinent components shall be detailed,




Page 99 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 including, but not limited to, poles, manholes, duct banks, etc. Calculations support all
 manhole locations shall be provided.

 All removals shall be shown on demolition plans.

1.11.2.11 Electronic Systems

 All references used in the design including Government design documents and industry
 standards shall be listed.

 A narrative shall be provided describing all electronic systems in the project, including
 systems for fire detection and suppression control, public address, telephone, television,
 special grounding, cathodic protection, intrusion detection, card access, and central security
 control and monitoring.

 The design analysis shall include all calculations required to support design decisions and
 estimates. The analysis shall include specific criteria furnished, conference minutes and
 cost analyses of all systems considered.

 Design of the fire alarm and detection system shall include layout drawings for all devices
 and a riser diagram showing the control panel, annunciator panel, zones, radio transmitter
 and interfaces with other systems (HVAC, sprinkler, foam, hood dry chemical, etc.).

 All components of the Fire Suppression (FS) System shall be specified in the specifications.
 The system operation and interaction with other systems, such as the fire alarm system, will
 be clearly described. A riser diagram shall be included in the drawings to show principal
 components and interconnections with other systems. FS system components shall be
 indicated on drawing legends. All components shown on floor plans shall be designated as
 FS system components (as opposed to Fire Alarm components). The location of FS control
 panels, HVAC control devices, sensors, and 120V power panel connections shall be shown
 on the floor plans. The numbers and sizes of conductors and conduits for detector circuits
 shall not be shown since this varies among suppliers. Zoning of areas shall be indicated by
 numbers (1, 2, 3), and detectors subzoned for cross zoning shall be indicated by letter
 designations (A and B). Ceiling mounted detectors shall be differentiated from underfloor
 detectors by distinct symbols indicating the subzone of each.

 Location of telephone outlets shall be shown on the plans. Legends and symbol definitions
 indicating height above finished floor shall be provided. Telephone conduit system riser
 diagrams, including conduit sizes, shall be shown. Conduit runs between backboard and
 outlets shall not be shown on the floor plans. Underground telephone distribution conduit
 shall be shown on either the electrical or electronic site plan.

 The grounding system specifications and drawings shall clearly reflect all design
 requirements. The specifications shall require field tests during the construction phase, and
 to be witnessed by the Contracting Officer, for determining the effectiveness of the
 grounding system. Drawings showing existing construction shall be provided. The




Page 100 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

 Contractor shall verification of the validity of any existing drawings and/or any other data
 furnished by the Government.

 The extent of any exterior work, such as telephone lines, television (TV) distribution cables,
 duct banks, etc., outside of 5 feet from the building line shall be described.

 The name of the licensed corrosion engineer or NACE specialist to be utilized for the
 design shall be provided. The following shall be provided for cathodic protection systems:

       a.     Define areas of structures or components in soil or water to be protected.

       b.     Comparison of systems and equipment, including cost estimates for all
            alternatives, and the type of system recommended.

       c.     Calculations for all systems considered, including related information and
            descriptions.

       d.     Cathodic protection design, including comprehensive specifications and
            drawings meeting the protection criteria. The design plans and specifications
            shall show the extent of the facilities to be protected, location and type of anodes,
            location of test points, and details for sectionalizing an underground piping
            system. The design shall be sufficient for purchasing equipment and building the
            system without design changes.

 Exterior work shall be shown on the electrical site plan.

       a.     Existing and new communications service lines, both overhead and
            underground, shall be properly identified.

       b.     Removals and relocations shall be shown if applicable.

 A descriptive narrative of all electronic systems required for project shall be provided. Any
 hazardous areas as defined in the National Electric Code shall be identified, and the type of
 equipment proposed for use in such areas indicated. The location of all electronic system
 panels, etc., shall be shown on the floor plans. The proposed riser diagrams for all systems
 shall be provided, and sizes of all conduit, wires, cables, panels, etc. shall be indicated. A
 complete symbol legend shall be provided for all devices or equipment shown on the plans.
 Work requiring removals or demolition and how it is to be performed shall be described
 using drawings and/or narrative as necessary.

1.11.3 Final (95%) DESIGN SUBMITTALS

 The review of this submittal is to ensure that the design is in accordance with directions to
 the Contractor provided during the design process. The Final (95%) Design Submittals shall
 contain, as a minimum, the following items:




Page 101 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       a.     Complete construction documents plans and specifications at the level of detail
            needed for bidding the project, including a complete list of equipment, fixtures,
            and materials to be used. The final drawings are an extension of the previously
            reviewed drawings and shall include those comments. All details shall be shown
            on the drawings.

       b.     Complete design analysis verifying that the design complies with the
            requirements of the project. The final design analysis is an extension of the
            previously reviewed design analysis and shall include those comments.

       c.     Marked-up specifications. The specifications shall be coordinated with the
            drawings, and shall describe in detail all items shown on the drawings.

1.11.3.1    Site Development

 In addition to the items listed in the previous submittal requirements, the following items
 shall be addressed:

 A. Design Analysis: All references and guidance used to develop the project shall be
 indicated, such as data from Using Agency and Corps of Engineers technical manuals.
 The final design analysis shall address all site aspects, including the following:

       1.     Storm Drainage: Storm drainage system shall be fully described and the basis
            for design, including all criteria used, shall be provided. Layout sketches of storm
            drainage areas showing inlets and piping shall be included. Calculations for
            capacities of the various inlets selected for the project shall be provided. Storm
            drainage calculations indicating flow and velocity computations are provided.
            Roof drain computations are included. A sketch of the roof areas shall be
            provided showing drainage areas, locations and sizes of gutters, downspouts,
            and the roof drainage collector system. Design calculations for the storm water
            management shall be provided.

       2.     Water Service and Fire Protection: Proposed work is described in accordance
            with TM 5-812-1, TM 5-813-5, and TM 5-813-6. References shall be cited, and
            calculations are shown. A sketch of water systems in the vicinity of the project
            shall be provided. Existing water storage facilities and capacities on Post shall be
            noted, and results of hydrant flow tests shall be provided.

       3.     Sanitary Sewers and Force Mains: Describe proposed work in accordance with
            TM 5-814-1. References shall be cited, and a sketch of sanitary system shall be
            provided showing all calculations, pump sizes, pump curves, and strength of pipe
            selected.

 B. Drawings: The final drawings are a continuation of the ones prepared for the concept
 submission, and shall include:




Page 102 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       1.     Survey Plan.

       2.     Demolition: All utilities and other items to be removed, abandoned, capped,
            plugged and relocated shall be indicated.

       3.     Grading Plan: New and existing contours and spot elevations shall be shown in
            sufficient detail to clearly indicate grading, positive drainage, and stormwater
            management facilities. Inlets are shown with top of frame elevations indicated.
            Manholes, valves, hydrants, headwalls and all existing underground utilities are
            shown. Any other features of work which will appear on the new ground surface
            shall be shown. New utility lines are not shown.

       4.      Utilities Plan: Each existing and new utility shall be clearly shown, including
            building service connections and connections to existing lines. Locations of all
            new and existing fire hydrants, valves, manholes, inlets, etc. shall be indicated.
            Sizes of existing and new lines shall be shown, including new inlet and manhole
            numbers. A complete legend shall be provided. All new piping, inlets, manholes,
            hydrants, etc., shall be located by dimension from buildings, streets, etc. All roof
            drain piping to storm drains shall be shown. All storm drain piping for stormwater
            management shall be indicated. Subdrain piping for paved areas shall be shown
            if required.

       5.     Layout Plan: Existing and new buildings, roads, streets, walks, parking and
            service areas, etc. shall be shown New or existing contours and spot elevations
            shall not be shown. The baseline information from which all new facilities are to
            be located shall be clearly indicated. The layout shall be complete and fully
            dimensioned. Stationing and curve date shall be provided for road or street
            layout if applicable. A complete legend shall be provided.

       6.     Profiles:

            a.        Profiles for storm drains, sanitary sewers, and force mains shall be
                   provided for each location where utilities cross and the possibility for
                   conflicts occur. Profiles for water lines shall be provided if there are
                   numerous utility crossings along its alignment. Utility profiles shall show:

                          Existing and finished grade.

                          Manholes, inlets, headwalls, etc., with numeric designations
                          corresponding to those shown on utility plan.

                          Top and invert elevations.

                          Size, length, and slopes of all lines.

                          All existing and new utility crossings.




Page 103 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                        Type of structures (i.e., type "E" inlet, standard manhole, etc.) required
                        at each junction.

            b.        Profiles for roads, streets, etc., shall show:

                        Existing and finished grade, with all vertical alignment geometric data
                        shown.

                        All new and existing utility crossings.

            c.         All profiles shall be drawn on compatible scales: 1=500 horizontal
                   corresponding to 1=50 vertical. The vertical scale may vary where profiles
                   transverse very steep topography.

       7.     Details: Standard details for storm drainage, water, sanitary sewer, and
            miscellaneous site features shall be provided in compliance with the Department
            of Public Work's criteria, such as Installation Design Guides or, if none are
            available, the respective State highway and drainage standard details. Special
            details shall be prepared as required for special site features, such as fencing or
            benches. The Contracting Officer may request a detail to be provided on the
            design drawings.

 C. EROSION AND SEDIMENTATION CONTROL, STORM WATER MANAGEMENT, AND
 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT:

       1.     Erosion and Sedimentation Control Plans and Stormwater Management Plans
            shall be prepared by the Designer of Record during design. Each shall be in
            accordance with the criteria of the governing agency at the project site. In the
            early stages of design, the Designer of Record shall contact the state, county, or
            local authorities for their particular requirements for each item. Erosion and
            sedimentation control and stormwater management shall be incorporated in all
            projects where required. If not required, a waiver shall be obtained from the
            Government agency having jurisdiction.

       2.     The Designer of Record shall submit the erosion and sedimentation control and
            stormwater management documentation to the [Maryland Department of the
            Environment][         ] for review.

       3.    The Designer of Record shall make all submissions for review in a timely
            manner. Each submission shall be scheduled to allow the reviewing authority to
            make comments and request resubmission.

       4.    The Designer of Record shall include all erosion and sedimentation control
            notes, directions, details, etc., on the design drawings.




Page 104 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       5.    NPDES permit information shall be prepared in accordance with Section
            01000, ADMINISTRATIVE REQUIREMENTS.

 D. Permits for Water Supply and Sanitary Sewage

 The Designer of Record shall contact the [Maryland Department of the Environment] [
     ] to verify the correct procedure to follow to obtain construction permits. The Designer
 of Record shall prepare and submit all permit applications.

1.11.3.2    Landscape, Planting and Turfing

  Final design drawing(s) shall include a complete schedule of plant materials indicating
  botanical and common names, plan symbols, quantities, sizes, condition furnished, and
  pertinent remarks. Drawings shall correspond with the site layout and grading plans, and
  shall include reference coordinates, north arrows, graphic scales and appropriate legends.
   An overall planting layout shall be developed including enlarged detail plans of specific
  areas as needed to clarify requirements. Final design drawings shall indicate proposed
  plants by a (+) mark for the plant location and a circle scaled to approximately 2/3 the
  ultimate growth spread (diameter) of plants. Final drawings shall also include the basic
  details for installation of tree, shrub, and ground cover planting, as well as any other
  applicable details for clarification of specific project requirements.

1.11.3.3    Geotechnical

  A final geotechnical report and design analysis shall be provided. The report shall be
  complete including any information not provided in the previous design submittal.

1.11.3.4    Architectural

  All architectural drawings shall be thoroughly checked and coordinated with the
  specifications and with other design disciplines. Drawings from the previous submission
  shall be completed with additional drawings included as necessary for a complete package.
  The plans shall be in compliance with the applicable codes and regulations. Comments
  generated from previous design review submittals shall be incorporated, and the
  consistency between plans and specification shall be verified. The evaluation of the
  Contractor's submittals shall be based on the degree to which the submittal meets the
  requirements set forth in this document and the specifications.

  Completed working drawings shall include plans, elevations, sections, details, schedules,
  and all other drawings necessary to communicate the design intent, and to identify,
  quantify, and describe project materials and their assembly.

  Complete fire protection plans and analysis shall be provided.

  The Sustainable Project Rating Tool (SPiRiT) worksheet shall be updated to reflect how
  the design achieves the required certification rating level.




Page 105 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



1.11.3.5   Interior Design

  A Comprehensive Interior Design (CID) package shall be provided that presents the
  selection and sampling of all applied finishes, including materials, colors, textures and
  patterns utilized in the building's interior architectural features. The CID shall be based on
  interviews conducted by the Contractor with the customer(s) and user(s) as necessary to
  ascertain finish preferences.

  Finish samples shall be presented in an organized fashion, with similar rooms or areas
  receiving like finishes grouped into one Color Scheme. Each Color Scheme shall have a
  written description of material, using the same material abbreviations and notes that
  appear on the Room Finish Schedule and Legend in the drawings. Samples shall indicate
  true pattern, color and texture. Photographs or colored photocopies of materials are not
  acceptable. Carpet samples shall be large enough to indicate a complete repeat pattern or
  design. If paint manufacturers’ color names and numbers are used for reference, the paint
  finish (i.e. gloss, semi-gloss, flat, etc.) shall be indicated.

  Signage samples showing material finish and colors shall be provided.
  All signage emblems, striping, letters, numbers, and logos shall be indicated. The location
  and message for all signage shall be indicated on a separate sheet. The interior designer
  shall consider visual appearance, organization, location, structural supports (if required),
  and relation to other base graphics.

  The Contractor is not required to procure or install the freestanding furniture and
  furnishings as part of this contract. However, the Contractor shall specify the freestanding
  furniture and furnishings to be provided in the CID, and shall ensure all spaces are
  configured to accommodate the furniture and furnishings specified. The Government will
  procure and install the specified items under separate contract.

  All samples shall be firmly supported and anchored, with large or heavy samples secured
  with mechanical fasteners, velcro, or double sided foam tape. Rubber cement or glue shall
  not be used. The maximum page foldout width shall be 25 inches, with no foldouts on the
  top or bottom of the pages. Supplemental color boards may also be used for presentation
  purposes.

  Three sets of the CID package shall be submitted in 8-1/2" x 11" format in binders. Each
  binder shall be identified on the spine and front cover by title, project number, percentage
  phase and submission date. The project title, location, architectural firm name, page
  number, and date shall be on the bottom of each page or module. The package shall be
  organized as follows:

       a. Title page

       b. Table of contents




Page 106 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       c. Design objectives: A statement of design objectives explaining the interior design
           philosophy of the facility, including energy efficiency, safety, health,
           maintenance, image, and functional flexibility.

       d.     Interior floor plan

       e.     Interior sample finish boards: Scheme A, Scheme B, Scheme C, etc.

            (Example: All restrooms as color scheme "A", all open office space as color
            scheme "B", all lobby areas as color scheme "C", etc.)

       f. Room finish schedule

       g.     Signage

       h.     Signage plan

       i.     Prewired work station composite floor plans

       j.     Prewired work station typical elevations and component inventory

       k.     Prewired work station panel identification plan with electrical outlet placement,
            including base feed

1.11.3.6    Structural Design

  Completed checked calculations shall be furnished for all structural members. Changes
  required by comments on the previous design submittal shall be incorporated.

  Structural drawings shall be coordinated with all other design disciplines.

  The final structural drawings shall contain the following information in the general notes:

       a.     The allowable soil bearing value.

       b.     The design stresses of structural materials used.

       c.     The design live loads used in the design of various portions of the structures.

       d.     The design wind speed.

       e.     The seismic site classification "Sss, "S1", and "R" values used in design.

  The final structural drawings shall include all plans, sections, details, and notes to clearly
  describe the work.




Page 107 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

1.11.3.7   Plumbing Design

  Final plumbing system drawings and analysis shall be provided.

1.11.3.8   Fire Protection System

  Final fire suppression system design shall be provided, including a file of the input data
  used in the computer program to design the fire suppression system.

1.11.3.9   Heating, Ventilating and Air Conditioning (HVAC)

  Final design analysis of HVAC systems shall be provided, including final load calculations
  and psychrometric analysis.

  Final temperature control design drawings shall be provided.

  Final HVAC system drawings shall be provided, including sections of the mechanical room
  and other congested areas where equipment, ductwork, piping, etc. is to be located.
  Separate drawings shall be provided for HVAC and plumbing piping.

  Final equipment sizing and selections shall be provided for major items.

1.11.3.10 Interior Electrical System

  A coordination study with appropriate curves shall be provided to show that all protective
  devices have been fully coordinated. Completed short circuit calculations for the entire
  electrical system shall be provided. All equipment shall be identified by manufacturer's
  name and catalog number.

  Complete voltage drop and lighting calculations shall be provided. The voltage drop
  calculations shall use the same single line diagram as the short circuit calculations, and
  shall show drops at the same locations as short circuit currents are shown. Lighting
  calculations using the zonal cavity method shall be provided for all rooms and spaces
  requiring illumination.

  The design narrative shall be an updated version of the 50% submittal to reflect the final
  design. Calculations shall be included with the narrative. The calculations and coordination
  study shall have the seal of the registered engineer who performed them affixed to the
  cover sheet.

  All details shall be completed. Congested areas shall be shown by enlarged drawings.

  The drawings shall be thoroughly checked against the other disciplines to ensure that the
  proper electrical connections are provided for equipment and there are no conflicts
  between the location of electrical equipment and equipment by other disciplines.




Page 108 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

1.11.3.11 Exterior Electrical Distribution System

  A coordination study with appropriate curves shall be provided to show that ALL protective
  devices have been fully coordinated. Completed short circuit calculations for the entire
  electrical system shall be provided. All equipment shall be identified by manufacturer's
  name and catalog number.

  Complete voltage drop and lighting calculations shall be provided. The voltage drop
  calculations shall use the same single line diagram as the short circuit calculations, and
  shall show drops at the same locations as short circuit currents are shown. Lighting
  calculations using the point-to-point method shall be provided for all exterior locations
  requiring illumination.

  The design narrative shall be an updated version of the 50% submittal to reflect the final
  design. Calculations shall be included with the narrative. The calculations and coordination
  study shall have the seal of the registered engineer who performed them affixed to the
  cover sheet.

  The drawings shall be a completed version of the 50% design drawings with all comments
  and other changes incorporated.

  All details shall be completed. Congested areas shall be shown by enlarged drawings.

  The drawings shall be thoroughly checked to ensure that the proper electrical connections
  are provided for equipment and there are no conflicts between the location if electrical
  equipment and equipment of other disciplines.

1.11.3.12 Electronic Systems

 The design narrative and drawings shall be updates of the 50% submittal to reflect the final
 design. Complete calculations shall be included with the narrative. All electronic systems
 shall be fully detailed and coordinated. All equipment shall be identified by manufacturer's
 name and catalog number.

 The drawings shall be thoroughly checked against the other disciplines to ensure
 that all equipment is provided with the proper connections and there are no conflicts
 with other elements.

1.11.4 Design Complete (100%) Submittal

  After the Final Design Review, the Contractor shall revise the Contract Documents by
  incorporating any comments generated during the Final Design Review and shall prepare
  final hard copy Contract Specifications. The Contractor shall submit the following
  documents for the design complete submittal:

       Design analysis, in final 100% complete form




Page 109 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



       100% complete drawings

       Final specifications

       Annotated 95% review comments

       CADD files of all drawings (2 copies)

       Cals Files of 100% complete drawings

       Three (3) complete sets of the final Comprehensive Interior Design (CID) package

    The Contractor shall submit the Design Complete Submittal not later than 14
    calendar days after the Government returns the annotated Final Design Review
    Submittal.

1.12    DD FORM 1354

 The Contractor shall complete DD Form 1354 and submit the completed form to the
 Government 90 days before the contract completion date. As a minimum, the following
 items in units of measure to be designated by the Government shall be listed on the form:

        Item

        Building, each building and type
        Transformer, each type and size
        Transfer switch, each type and size
        Ductbank, each size and type of service
        Manholes and handholes, electrical and communication
        Electrical aerial distribution, each size and type of service
        Electrical service to each type of exterior lighting fixtures
        Water and sewer, each size, type of service and type of line
        Manholes, each size
        Valves, each type and size
        Hot water supply and return, each size and type of line
        Chilled water supply and return, each size and type of line
        Storm drain lines, each size and type of line
        Concrete flumes, each size
        Retaining wall
        Gas, each size and type of line
        Sidewalks, each type
        Exterior signs, each type
        Pavement striping, each color and width
        Asphalt roadway
        Asphalt parking area




Page 110 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

         Concrete curb and gutter
         Fencing, each type and height
         Gate, each type and method of operation
         Stormwater pond
         Loading dock area
         Landscape planting area
         Sod/Seeding
         Irrigation system
         Fire sprinkler system, sprinkler heads
         Fire detection system panels
         EMCS
         LIGHTNING PROTECTION SYSTEM

[NOTE - THE FOLLOWING SHOULD BE ADDRESSED IN THE CONTRACT, EITHER AS A
SEPARATE SPECIAL CONTRACT REQUIREMENT OR IN THIS SECTION:]

2.     CONSTRUCTOR’S ROLE DURING DESIGN

The Contractor’s construction management key personnel shall be actively involved
during the design process to effectively integrate the design and construction
requirements of this contract. In addition to the typical required construction activities,
the constructor’s involvement includes, but is not limited to actions such as: integrating
the design schedule into the Master Schedule to maximize the effectiveness of fast-
tracking design and construction (within the limits allowed in the contract), ensuring
constructability and economy of the design, integrating the shop drawing and
installation drawing process into the design, executing the material and equipment
acquisition programs to meet critical schedules, effectively interfacing the construction
QC program with the design QC program, and maintaining and providing the design
team with accurate, up-to-date redline and as-built documentation. The Contractor
shall require and manage the active involvement of key trade subcontractors in the
above activities, as appropriate, if subcontracts have been awarded.

[NOTE: THE FOLLOWING SHOULD BE ADDRESSED IN THE CONTRACT, EITHER
AS A SEPARATE SPECIAL CONTRACT REQUIREMENT OR IN THIS SECTION:]

3.     VALUE ENGINEERING AFTER AWARD

3.1   In reference to Contract Clause 52.248-3,                “VALUE ENGINEERING –
CONSTRUCTION”, the Government may refuse to entertain a “Value Engineering Change
Proposal” (VECP) for those performance oriented aspects of the Solicitation documents
which were addressed in the Contractor’s accepted contract proposal and which were
evaluated in competition with other offerors for award of this contract.

3.2     The Government may consider a VECP for those prescriptive aspects of the
Solicitation documents, not addressed in the Contractor’s accepted contract proposal or
addressed but evaluated only for minimum conformance with the Solicitation requirements.




Page 111 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



3.3     For purposes of this clause, the term “performance oriented” refers to those aspects of
the design criteria or other contract requirements which allow the Offeror or Contractor
certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of
design, technical approach, design solution, construction approach or other approach to fulfill
the contract requirements. Such requirements generally tend to be expressed in terms of
functions to be performed, performance required or essential physical characteristics, without
dictating a specific process or specific design solution for achieving the desired result.

3.4     In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects
of the design criteria or other Solicitation requirements, wherein the Government expressed
the design solution or other requirements in terms of specific materials, approaches, systems
and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no
freedom in the choice of design approach, materials, fabrication techniques, methods of
installation or other approach to fulfill the contract requirements.

[NOTE: THE FOLLOWING ADDRESSES PROCEDURES FOR OBTAINING ROUGH
ORDER OF MAGNITUDE ESTIMATES FOR CHANGES:]

4.     RESPONSE TO A REQUEST FOR A CHANGE

4.1 When the Government is trying to decide whether to make a change to the contract, it
needs cost and schedule information from the Contractor to help make the decision.

4.2 When requested by the ACO, the Contractor shall provide the Government a rough order
of magnitude (ROM) change cost estimate, including design and construction. Before any
design work is undertaken, the ACO and the Contractor shall agree on the level of required
preliminary design needed to prepare a ROM cost estimate, shall negotiate a price to perform
the design and to prepare the ROM estimate and shall agree on a schedule for delivery of the
ROM estimate. No design or construction work on a change shall begin until the ACO
provides the Contractor a written notice to proceed, in accordance with the Changes clause
of the contract.

4.3 The Contractor shall not revise the actual design drawings and specifications until
Government agrees to the change and the contract is modified to reflect the change or until
the Government directs the Contractor to proceed with the change.

[NOTE: ONE OF THE FOLLOWING PARAGRAPHS SHOULD BE ADDRESSED IN THE
CONTRACT, EITHER AS A SEPARATE SPECIAL CONTRACT REQUIREMENT OR IN
THIS SECTION:]

[5. DEVIATING FROM THE ACCEPTED DESIGN

5.1   The Contractor must obtain the approval of the Designer of Record and the
Government’s concurrence for any Contractor proposed revision to the Government reviewed
and concurred design.




Page 112 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



5.2    The Government reserves the right to non-concur with any proposed revision to the
design, which may impact furniture, furnishings or equipment selections that were made,
based on the reviewed and concurred design.

5.3      Any proposed revision to the design, which deviates from the contract requirements
(i.e., the RFP and the accepted proposal), will require a modification, pursuant to the
Changes clause, in addition to Government concurrence. The Government reserves the right
to disapprove such a revision.

5.4    Unless the Government initiates a change to the contract requirements, or the
Government determines that the Government furnished design criteria are incorrect and must
be revised, any Contractor initiated, proposed change to the contract requirements, which
results in additional cost, shall strictly be at the Contractor's expense.

5.5 The Contractor shall track all approved revisions to the reviewed and accepted design
and shall incorporate them into the as-built design documentation, in accordance with agreed
procedures.]

[THE FOLLOWING IS ALTERNATE WORDING FOR PROPOSED REVISIONS TO THE
ACCEPTED DESIGN:]

[5. REVISIONS TO THE ACCEPTED DESIGN

5.1 Once the Final Design submittal(s) have been accepted by the Government and released
for construction, the Contractor may not revise the design or delete any item from the project
shown on the Final Design without prior Government approval. The Contractor shall provide
all items shown on the Final Design Submittal, as accepted and released for construction.
Contracting Officer review or acceptance of design submittal packages including the Final
Design shall not be construed as a waiver from requirements where those requirements may
have been erroneously expressed or omitted from the Contractor prepared design
documents, unless the Contractor has specifically noted such variations the Contracting
Officer has accepted them, in writing. These documents shall define the construction for this
project.

5.2   The Contractor must obtain both the approval of the Designer of Record and the
Government’s concurrence for any Contractor proposed revision to the Government reviewed
and concurred Final Design.

5.3    Unless the Government initiates a change to the contract requirements, or the
Government determines that the Government furnished design criteria are incorrect and must
be revised, any Contractor initiated, proposed change to the contract requirements, which
results in additional cost, shall strictly be at the Contractor's expense.

5.4   The Contractor shall track all approved revisions to the reviewed and accepted design
and shall incorporate them into the as-built design]




Page 113 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

   End of Section –




Page 114 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


   SAMPLE #2 references a District’s Design Manual for specific design
   requirements. We caution you to use this approach only if the Design
Manual has been edited to address the differences between design-Build and
 standard designs prepared by or for the Government in a design-bid-build
                                 project.

                                                  SECTION 01012

                                         DESIGN AFTER AWARD


                                          TABLE OF CONTENTS
1. DESIGNER(S) OF
RECORD………………………………………………………………………………..
2. DESIGN SUBMITTAL AND CONSTRUCTION ...........................................................
3. DESIGN SCHEDULE ..................................................................................................
4. STAGES OF DESIGN SUBMITTALS .........................................................................
5. ARCHITECTURAL RENDERINGS .............................................................................
6. QUANTITY OF SUBMITTAL ITEMS ...........................................................................
7. MAILING OF SUBMITTALS ........................................................................................
8. DESIGN INTERVIEWS ................................................................................................
9. WRITTEN RECORDS ..................................................................................................
10. REVIEW COMMENTS ................................................................................................
11. PAYMENT DURING DESIGN.....................................................................................
12. STORM WATER POLLUTION PREVENTION PLAN ................................................
13. MOBILE DISTRICT DESIGN MANUAL .....................................................................
14. STRUCTURAL INTERIOR DESIGN AFTER AWARD ...............................................
15. COMPREHENSIVE INTERIOR DESIGN SUBMITTAL REQUIREMENTS ................
16. DESIGN ANALYSIS ...................................................................................................
17. DRAWINGS ................................................................................................................
18. SPECIFICATIONS ......................................................................................................
19. SUBMITTAL REGISTER ............................................................................................
20. SURVEYING & MAPPING .........................................................................................
21. CONTENTS OF DESIGN SUBMITTALS ...................................................................
22. FORM 1354 ................................................................................................................
23.   CONSTRUCTOR’S ROLE DURING DESIGN………………………………………...
24.   VALUE ENGINEERING AFTER AWARD……………………………………………..
  25. RESPONSE TO A REQUEST FOR A CHANGE ………………………………..
  26. DEVIATING FROM THE ACCEPTED DESIGN ………………………………………




Page 115 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




SECTION 01012
                                   DESIGN AFTER AWARD


1. DESIGNER(S) OF RECORD

The Contractor shall identify a Designer of Record (“DOR”) for each area of design. All
design disciplines shall be accounted for by listed, registered Designer(s) of Record. Each
DOR shall be responsible for ensuring integrity of their design and design integration in all
construction submittals and extensions to design developed by others, such as the
constructor, subcontractors or suppliers. The DOR shall review and approve construction
submittals and extensions to design in accordance with the procedures, described in Section
01330 SUBMITTALS. Each DOR shall be responsible for the responses to “Requests for
Information” (“RFI’s”), applicable to their area of design responsibility. Each DOR shall
stamp, sign, and date all design drawings under their responsible discipline for the final
design submittal (see Contract clause - "REGISTRATION OF DESIGNERS") and all
submittals under their responsible discipline, in accordance with the submittal review
procedures. The DOR shall sign-off on all applicable RFI responses.

2. DESIGN SUBMITTALS AND COMMENCING CONSTRUCTION

The Contractor may use the "fast track" method for the design and construction of this
project.

2.1 The Contractor shall identify all separate design packages and schedule the design
submittals [Add the following wording, when the Solicitation requires the offerors to
include a packaging plan in their contract proposals: “in accordance with it’s design
packaging plan, as described in the accepted contract proposal”]. Design submittals are
required at the “Concept” (35%) and “Final Un-Reviewed”(100%) design stages and at the
Design Complete stage (100%). The requirements of each design stage are listed
hereinafter. The Contractor shall reflect the number and contents of the design submittal
phases in the progress schedule. A maximum of ten (10), separate submittals of design
packages for construction are allowed for each of the 35% and Final Un-reviewed 100%
design stages, not including long lead item submittals.

2.2   The Contractor shall perform no construction work until the comments for the Final Un-
Reviewed 100% design submittal have been incorporated into the design. The Contractor
may begin construction on portions of the work for which the Government has reviewed the
Design Complete submission and has determined it to be satisfactory for purposes of
beginning construction. The ACO or COR will notify the Contractor when the design is
cleared for construction. The Government will not grant any time extension for any design re-
submittal required when, in the opinion of the ACO or COR, the initial submission failed to
meet the minimum quality requirements as set forth in the Contract.




Page 116 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



2.3    If the Government allows the Contractor to proceed with limited construction based on
pending minor revisions to the reviewed Final Design submission, no payment will be made
for any in-place construction related to the pending revisions until they are completed,
resubmitted and are satisfactory to the Government.

2.4   No payment will be made for any in-place construction until all required submittals
have been made, reviewed and are satisfactory to the Government.

3. DESIGN SCHEDULE

Within 15 days after Notice to Proceed, the Contractor shall submit, for approval, a complete
design schedule with all submittals and review times indicated in calendar dates. This
schedule shall be updated monthly. No progress payments will be made without an
approved schedule.

3.1 If a submittal date is not going to be met, the Contractor shall notify the Contracting
Officer's Representative (COR), in writing, one (1) week prior to the scheduled submittal date.
 Failure to do so will increase the Government review time by seven (7) days. See
Paragraph: "REVIEW COMMENTS".

3.2 The Contractor shall incorporate the design schedule into the project schedule. The
project schedule shall include all phases of work, in accordance with Section 01320
PROJECT SCHEDULE (e.g., design, design reviews, permitting, long lead item procurement,
construction, etc.).


4. STAGES OF DESIGN SUBMITTALS

Prior to the Concept Review submittals and after the design interviews, the Contractor shall
submit a life safety analysis plan separate from the other design submittals. This submittal
shall be in accordance with the requirements of Paragraph 9.4.2.10 of the Mobile District
Design Manual. This life safety analysis plan shall be updated at each design submittal
stage. This submittal does not count towards the maximum of 10 design submittals allowed
by Paragraph 2 of this Section.

4.1 Concept Review Submittal (35%). The review of this submittal is primarily to insure that
the contract documents and design analysis are proceeding in a timely manner and that the
design criteria are being correctly interpreted. The submittal shall consist of the following:

 a. Design analysis, developed to 35%

 b. Sustainable Project Rating Tool (SPiRiT) score and list of incorporated design features,
developed to 35%

 c. 35% complete drawings




Page 117 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.2 Final Un-Reviewed 100%. The review of this submittal is to insure that the design is in
accordance with directions provided the Contractor during the design process. The
Contractor shall submit the following documents for Final review:

 a. Design analysis, developed to un-reviewed 100%

 b. SPiRiT, developed to un-reviewed 100%

 c. Un-Reviewed 100% complete drawings

  d.   Draft specifications

  e.   Annotated comments

4.2.1 The design analysis submitted for Final Review shall be in its final form. The design
analysis shall include all backup material previously submitted and revised as necessary.
Include all design calculations. The design analysis shall contain all explanatory material
giving the design rationale for any design decisions that would not be obvious to an engineer
reviewing the Final Un-Reviewed drawings and specifications.

4.2.2 The design drawings submitted for Final Review shall include the drawings previously
submitted which have been revised and completed as necessary. The Contractor is
expected to have completed all of his coordination checks and have the drawings in a design
complete condition. The drawings shall be complete at this time including the incorporation
of any design review comments generated by the Concept design review. The drawings shall
contain all the details necessary to assure a clear understanding of the work throughout
construction. Shop drawings will not be considered as design drawings. All design shall be
shown on design drawings prior to submittal of shop drawings.

4.2.3 The Draft Specifications on all items of work submitted for Final Review shall consist of
electronically marked-up specification sections.

4.3 Design Complete Submittal (100%). After the review of the Final Un-Reviewed submittal
for each design package, the Contractor shall revise the Contract Documents by
incorporating any comments generated during the Final Design review and shall prepare final
hard copy drawings and specifications. The Contractor shall submit the following documents
for the Design Complete submittal, within thirty (30) calendar days after resolution of all
design review comments:

 a. Design analysis, in final 100% complete form.

 b. SPiRiT, developed to 100%

 c. 100% complete drawings




Page 118 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

  d.   Final specifications

  e.   annotated comments

4.3.1. The Government will back check the submittal to ensure that all comments have been
incorporated into the design. The COR or ACO will notify the Contractor of its concurrence
with the Design Complete Submittal and release for construction when all comments have
been incorporated.

4.4 The Contractor shall submit a complete “For Construction” (100%) Submittal within 30-
calendar day after the last Design Complete submittal is approved. This consists of complete
sets of all design documents for all disciplines.

5. ARCHITECTURAL RENDERINGS

Within 30 days of approval of the SID, the Contractor shall submit an (Note: insert the
phrase “artist’s rendering”, if you want a hand painted rendering. Insert the phrase
“artists rendering or computer generated rendering”, if either a hand painted or a
computer generated rendering is acceptable) for approval of the view and content. Within
60 days of approval of the sketch, the Contractor shall submit the original and four full size,
framed copies of a rendering. Overall frame size shall be 24-inch by 36-inch. Frames will be
wood with mat boards and a matte glass. Twenty, 8-inch by 10-inch color photographs of the
rendering and a JPEG file shall also be submitted of the rendering.


6. QUANTITY OF SUBMITTAL ITEMS

The documents, which the Contractor shall submit to the Government for each submittal, are
listed and generally described hereinafter. Unless otherwise indicated, the Contractor shall
submit twenty-five (25) copies of each item required to be submitted at the Concept, Final
Un-Reviewed and Design Complete Submittal stages except the Structural Interior Design
and Comprehensive Interior Design. The quantities of these items are indicated with the
description of the item. All drawings for review submittals shall be half-size, except for two
sets, which shall be full size. The Contractor shall submit four (4) complete full size sets of
“For Construction” drawings, six (6) complete half size sets of drawings, ten (10) bound sets
of the specifications and design analysis and twenty-five (25) copies of the CADD files in
MicroStation format and specifications in Microsoft Word format on CD ROMs.


7. MAILING OF SUBMITTALS

7.1 Mail all submittals to the Government during design and construction, using an overnight
mailing service. The Government will furnish the addresses to where each copy shall be
mailed after award of the contract. Mail the submittals to six (6) different addresses (3 of
which are in Huntsville AL.).




Page 119 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

7.2 Include a transmittal letter with each submittal , which indicates the date, design
percentage, type of submittal, list of items submitted, transmittal number and point of contact
with telephone number.


8.     DESIGN INTERVIEWS

8.1 After the award of the contract, before the Concept Review Submittal, the Contractor
shall visit the site and conduct extensive interviews and problem solving discussions with the
individual users, personnel of Redstone Arsenal Directorate of Environmental and Public
Works Management and Planning and the Mobile District Corps of Engineers personnel to
acquire all necessary design information, review user operations and to discuss user needs.
The Contractor shall document all criteria and requirements obtained and determine the
functional, furniture and furnishings, spatial, electrical, communications, and mechanical
requirements of the building and site. The design shall be finalized as a direct result of these
interviews.

8.2 The Contractor shall submit design interview drawings after the Contractor has conducted
interviews to determine functional, spatial, electrical and mechanical requirements. Drawings
shall indicate hard walled spaces only. The Government will take seven (7) days to review
the drawings. The Contractor shall incorporate the comments and resubmit the drawings.
The Government will take another seven (7) days to review the drawings. The Contractor
shall incorporate the comments and resubmit the drawings again. The Government will take
another seven (7) days to review the drawings. From these comments, the Contractor shall
proceed to the 35% design. Each design interview submittal to the COR shall contain fifteen
(15) copies of the drawings and documentation of the interviews and criteria obtained. The
re-submittal shall include revised drawings and any additional documentation as a result of
the review of the previous submittal and any other interviews required. This submittal and
approval process is in addition to any others required in this project.


9. WRITTEN RECORDS

Prepare a written record of each site visit, meeting, or conference, either telephonic or
personal, and furnish within five (5) calendar days, copies to the COR, Mobile District Project
Manager, Redstone Arsenal Project Manager and all parties involved. The written record
shall include subject, names of participants, outline of discussion, and recommendation or
conclusions. Each written record for the particular project under design shall be numbered in
consecutive order.


10. REVIEW COMMENTS

10.1 For each design review submittal, personnel of the Mobile District and from other
concerned agencies involved in the review process will furnish the Contractor written
comments. The review will be for conformance with the technical requirements of the




Page 120 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

solicitation. The Government will take fourteen (14) days to review and comment on each
35% design submittal and twenty-one (21) days to review and comment on each Final Un-
Reviewed 100% design submittal. The last two weeks of the calendar year shall not be
considered when scheduling review times or meeting times. If the Contractor disagrees
technically with any comment or comments and does not intend to comply with the comment,
he shall clearly outline, with ample justification, the reasons for noncompliance within five (5)
days after receipt of these comments in order that the comment can be resolved. The
disposition of all comments shall be furnished in writing within 5 working days after the review
meeting. The Contractor is cautioned in that if he believes the action required by any
comment exceeds the requirements of this contract, that he should take no action and notify
the COR, in writing, immediately.

10.2 Review comments will be written using Design Review and Checking System
(DrChecks). DrChecks is an Internet based computer program. DrChecks is free of charge.
Comments will be written in DrChecks. The Contractor shall annotate the comments using
DrChecks and the Government will back check the comments. For more information on
DrChecks, go to http://www.drchecks.com/.

10.3 Review conferences will be held for each design submittal at Redstone Arsenal. The
Contractor shall bring the personnel that developed the design submittal to the review
conference. These conferences will take place the week after the review period.

10.4 If a design submittal is over one (1) day late in accordance with the latest design
schedule and the Contractor has not given the COR a one (1) week written notice that the
submittal will be late, the Government review period will be extended 7 days. The review
conference will be held the week after the extended review period.

10.5 During the design review process, Government comments made on the design
submittals may result in revisions to the Contractor’s drawings and specifications. The
Government will make no additional payments to the Contractor for the incorporation of
comments. Review comments are considered part of the design-build process.

10.6 If the COR requests a discretionary change to the design, after the Design Complete
Submittal drawings and specifications have been submitted, then this shall be considered a
change and proper payment will be made by the COR. This does not include requests to
correct errors or omissions in the design documents or necessary updates to reflect as-built
conditions.

10.7 If a design submittal is not of the quality level required for the stage of design
submitted, the Government has the right to return the submittal to the Contractor so that the
design quality can be improved. The review time will begin when the submittal received is of
the quality level required for the stage of design submitted to the Government. Returned
incomplete submittals will not be the basis of a claim by the Contractor for additional time or
money.




Page 121 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


11. PAYMENT DURING DESIGN

The Authorized Representative of the Contracting Officer (COR), will authorize payments on
a monthly basis for the amount and value of the work and services performed by the
Contractor. The COR will verify each estimate, utilizing the progress charts or the
CONTRACTOR-PREPARED NETWORK ANALYSIS SYSTEM submitted by the Contractor,
as well as independent analyses of progress. See Clause entitled CONTRACTOR
PAYMENT REQUEST for additional information.


12. STORM WATER POLLUTION PREVENTION PLAN

The Contractor shall development a storm water pollution prevention plan. The plan shall be
submitted to the COR for approval and signature. After it is signed, it will be returned to the
Contractor for submission to the State. The Contractor shall pay any fees associated with
the permit. The plan shall be completed and approved prior to any construction or demolition
activities. The Contractor shall comply with the approved plan during construction of the
project.


13. MOBILE DISTRICT DESIGN MANUAL

The format of many items in this Section reference the Mobile District Design Manual, dated
October    1999.       This     manual      can   be    found     on    the    Internet  at
http://www.sam.usace.army.mil/en/guides/DesMan/desman.htm.


14. STRUCTURAL INTERIOR DESIGN AFTER AWARD

14.1. Definition: The Structural Interior Design (SID) shall involve the selection and
sampling of all applied building related finishes necessary to complete the building's
interior and exterior architectural features. The SID shall be concurrent with the
architectural design submittals.

14.2. SID Format: The SID presentation format shall be in accordance with Chapter 10 of
the Mobile District Design Manual.

14.3. Pre-definition Conference: The Contractor shall lead a pre-definition conference at
Redstone Arsenal with Government personnel. The purpose of the pre-definition conference
is to present and discuss the SID color scheme for the project. The SID color scheme is to
be based on a warm color palette. Actual exterior and interior materials, finishes and colors
are to be provided for review and comment. The Contractor may provide colored exterior
elevations/perspectives of the SID color scheme to assist in the discussion of the SID. At the
end of the pre-definition conference, the Government will decide the necessary adjustments
needed to the SID and this information will be used by the Contractor to further develop the
project.




Page 122 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



14.4 Concept Submittals: The Contractor shall submit five (5) complete sets of the initial SID
package. The Government shall review and approve all SID proposals. The Government
shall return the SID packages to the Contractor after the review for updating and
incorporating the review comments. Each submittal will follow this method of review until the
Government approves the completed SID package. The Submittals shall be side marked
and distributed as follows:

   1.   (EN-DR-Mobile District Office)
   2.   (CD-NA North Alabama Area Office)
   3.   (EMP)
   4.   (USER)
   5.   (USER)

14.5. Final Submittal: The Contractor shall submit five (5) complete sets of the approved
final Structural Interior Design package. Once the Contractor has submitted the SID and the
Government has approved the submittal, all materials, finishes, colors, textures and pattern
submitted and approved for this project are then considered as part of the contract and the
Contractor shall furnish all approved SID finishes. The Government will not consider any
deviations from the approved final SID.


15. COMPREHENSIVE INTERIOR DESIGN SUBMITTAL REQUIREMENTS

15.1. Definition: The Comprehensive Interior Design (CID) shall involve the selection and
placement of all the furniture related items necessary to complete the building’s interior
environment. The necessary components shall generally include all loose furnishings listed
in section 01010.

15.2 Format: The CID format shall be in accordance with Chapter 10 of the Mobile District
Design Manual.

15.3 CID Coordination and Installation: The Contractor shall develop and fully coordinate the
CID package with the SID package. The CID submittals shall run concurrently with the SID.
The Contractor is not required to purchase the CID package items, but is required to install
the Government furnished systems furniture. The Contractor shall coordinate the delivery of
the systems furniture with the systems furniture manufacturer. The Government will procure
and install the non-systems furniture CID items.

15.4 CID Philosophy

15.4.1. The CID for this facility shall be coordinated in color, texture, pattern, size, form
and function with the Structural Interior Design (SID). Furnishings submitted for approval
shall reflect the image and style presented in the architecture to further support the corporate
atmosphere. Fabrics and finishes shall be durable and suitable for the area in which they will
be used.




Page 123 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



15.4.2. General offices and dining areas shall use furniture and finishes that will be
durable, easily maintained, and reflect a contemporary image. The Government will direct
the Contractor as to the sources that will be used to ensure coordination with existing items.

15.4.3. Where guest seating is provided in these areas, select a style that is coordinated in
fabric and finish with the ergonomic chairs.

15.4.4. Miscellaneous components are to have durable, coordinated finishes to provide the
flexibility of placement within these areas.

15.5. Requirements Analysis: The Contractor shall determine the CID requirements after
interviewing the Government personnel during the design interview meetings.

15.6. Concept Submittal: After the requirement analysis, the Contractor shall submit five (5)
copies of the limited CID package indicating the style, colors, textures, patterns and finishes
that the CID will have in it's completed version. This package shall be presented concurrently
with the SID and will follow the same review/updating process. This submittal shall include a
layout of all the systems furniture and loose furniture. Provide a formatted CD-ROM
containing MS Excel and Adobe Acrobat electronic files required to develop the CID package
at the SID Pre-definition conference and each subsequent submittal. The Government shall
provide specific guidance as to the types and manufacturers to be specified in the CID
package.

15.7. Final Un-Reviewed 100% Submittal: The final submittal of the CID shall run
concurrently with the SID and the Contractor shall provide five (5) final CID packages to
Government.

16. DESIGN ANALYSIS

The contents and format of the design analysis shall be in accordance with Paragraph 2.6 of
the Mobile District Design Manual.

17. DRAWINGS

Prepare all drawings on Computer-Aided Design and Drafting (CADD) so that they are
well-arranged and placed for ready reference and so that they present complete information.
 The Contractor shall prepare the drawings with the expectation that the Corps of Engineers,
in the role of supervision, could construct the facility without any additional assistance from
the Contractor. [NOTE: The following wording was included because the Corps District
and Installation intend to use the design for future phases.] Drawings shall be complete.
 Unnecessary work such as duplicate views, notes and lettering, and repetition of details shall
not be permitted. Do not show standard details, not applicable to the project, and avoid
unnecessary, wasted space. Do not include details of standard products or items, which are
adequately covered by specifications, on the drawings. Detail drawings, such that
conformance with the RFP can be checked and to the extent that shop drawings can be




Page 124 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

checked. Do not use shop drawings as design drawings. The Contractor shall use standard
Corps of Engineers title blocks and borders on all drawings. Submit an index of drawings
with each submittal. [NOTE: The following is used because of a standardization
program by the Installation for design drawings] The Government will furnish the
Contractor file, drawing and specification numbers and CADD file names for inclusion in the
title blocks of the drawings. Drawings shall be in accordance with Paragraph 2.5 of the Mobile
District Design Manual.

18. SPECIFICATIONS

[NOTE: Use of Unified Facilities Guide Specifications and SPECSINTACT by the
design-builder is not a USACE requirement, but might be required by a District.
Otherwise, use of any nationally recognized specifications system is allowed for
design-build projects. Use wording similar to the following where the Design-Builder
must use Unified Facilities Guide Specifications (UFGS) and SPECSINTACT software:]
18.1 The design shall be developed using Unified Facilities Guide Specifications (UFGS) and
SPECSINTACT software. Both the UFGS and SPECSINTACT are available free of charge
for downloading from http://www.ccb.org/ufgs/ufgs.htm. Where UFGS do not include a
specification for a particular feature of work, the Contractor may use specifications from other
agencies or sources, or provide custom-written specifications. Such specifications only may
use another software program than SPECSINTACT.

[Use wording similar to the following where the Design-Builder has relative freedom of
choice of specifying systems
18.1 The Contractor shall shall submit marked-up and final specifications as required. The
specifications may be any one of the major, well known master guide specification sources,
such as MASTERSPEC from the American Institute of Architects, SPECTEXT from
Construction Specifications Institute, Unified Federal Guide Specifications, using
SPECSINTACT software. Both the UFGS and SPECSINTACT are available free of charge
for downloading from http://www.ccb.org/ufgs/ufgs.htm.

18.2 The specifications shall be edited for this project and shall be submitted in marked-up or
redlined draft version at the Final Review submittal stage. After incorporation of comments,
the final specifications shall have all marked-out or redlined text deleted and all inserted text
shall be typed. The specifications issued with this solicitation do not fulfill this requirement
since they are not complete specifications. [Use wording similar to the following where
the Design-Builder must use Unified Facilities Guide Specifications (UFGS) and
SPECSINTACT software:] UFGS shall only be edited as directed in the specification notes
and instructions, where choice options allow, and where features of work are added or
deleted. A minimum quality standard for the project shall be maintained by only selecting
among the choices for quantity and quality that are presented in the applicable UFGS unless
specifically indicated otherwise in Section 01010, Design Criteria. As An example would be
where a UFGS specification for floor covering allows choices for thickness of: [3/32][1/8][ ]
and Section 01010 indicates a minimum thickness for the project of 3/32.




Page 125 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

18.3 Manufacturer's catalog cut sheets will not be accepted as a substitute for the "products"
portion of the specifications, nor any other part. Catalog cut sheets may be added to the
specifications, but not as a substitute.

18.4 [NOTE: The following wording has been included because the Corps District
intends to use the design for follow-on phases. Some installations also want the
drawings to be useful for capturing information useful for future equipment or systems
replacement.] If the design is based on a specific product, [Add, as appropriate:“to
facilitate future replacement”], the specification shall include the important, salient features of
the product. The specification shall be detailed enough such that another product meeting the
specification could be substituted and it would not adversely impact the project. Edit and
submit the specifications for this project in marked-up or redlined draft version at the Final
Un-Reviewed submittal stage. After incorporation of comments, the final specifications shall
have all marked-out or redlined text deleted and all inserted text shall be typed. Any
specifications issued with this solicitation do not fulfill this requirement, since they are not
complete specifications.


19. SUBMITTAL REGISTER

The Contractor shall prepare a Submittal Register for construction submittal requirements
during the design phase of the contract, utilizing ENG Form 4288. Attach a submittal register
to each section of the specifications for the submittal requirements of that section. The
Contractor shall be responsible for listing all required submittals necessary to insure the
project requirements are complied with. The Register shall identify submittal items such as
shop drawings, manufacturer's literature, certificates of compliance, material samples,
guarantees, test results, etc. that the Contractor shall submit for Designer of Record review
and/or approval, Contractor Quality Control review and for Government information action
during the life of the construction contract. After review of the draft specifications, the
Government will notify the Contractor of any submittals that will be designated as “For
Government Approval”. The Contractor shall place all the Submittal Register pages in an
appendix of the final specifications. See Solicitation Section 01330, “Submittals” for detailed
submittal requirements.


20. SURVEYING & MAPPING

The Contractor is responsible for all necessary survey beyond that provided by the
Government. Surveying and mapping shall be in accordance with Chapter 5 of the Mobile
District Design Manual.

21. CONTENT OF DESIGN SUBMITTALS

21.1 The contents of each discipline's design submittal shall be in accordance with the
applicable chapters of the Mobile District Design Manual.




Page 126 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

21.2 If a design submittal does not include all the items required in the Mobile District
Design Manual, the Government has the right to return the submittal to the Contractor so the
required items can be included in the submittal. The review time will begin when the
Government receives a complete submittal. Returned incomplete submittals will not be the
basis of a claim by the Contractor for additional time or money.


22. FORM 1354

The Contractor shall complete DD Form 1354, attached to the end of this Section, and submit
the completed form to the COR 90 days before the contract completion date. As a minimum,
the following items and units of measure shall be listed on the form:


       Item                                                            Unit of Measure

      Building, each building and type                                      area

      Transformer, each type and size                                       KVA

      Transfer switch, each type and size                                   KV

      Ductbank, each size and type of service                               LF

      Manholes and handholes, electrical and communication                  each

      Electrical aerial distribution, each size and type of service         LF

      Electrical service to each type of exterior lighting fixtures         LF

      Water and sewer, each size, type of service and type of line          LF

      Manholes, each size                                                   each

      Valves, each type and size                                            each

      Hot water supply and return, each size and type of line               LF

      Chilled water supply and return, each size and type of line           LF

      Storm drain lines, each size and type of line                         LF

      Concrete flumes, each size                                            LF

      Retaining wall                                                        LF




Page 127 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


         Gas, each size and type of line                                       LF

         Sidewalks, each type                                                  LF

         Exterior signs, each type                                             each

         Pavement striping, each color and width                               LF

         Asphalt roadway                                                       SY

         Asphalt parking area                                                  SY

         Concrete curb and gutter                                              SY

         Fencing, each type and height                                         LF

         Gate, each type and method of operation                               LF

         Stormwater pond                                                       GAL

         Loading dock area                                                     SY

         Landscape planting area                                               SY

         Sod/Seeding                                                           SY

         Irrigation system                                                     LF

         Fire sprinkler system, sprinkler heads                                each

         Fire detection system panels                                          each

         EMCS                                                                  each

         Lightning protection system                                           each

[Note - The following should be addressed in the contract, either as a separate Special
Contract Requirement or in this Section:]

23.       CONSTRUCTOR’S ROLE DURING DESIGN

The Contractor’s construction management key personnel shall be actively involved
during the design process to effectively integrate the design and construction
requirements of this contract. In addition to the typical required construction activities,
the constructor’s involvement includes, but is not limited to actions such as: integrating




Page 128 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

the design schedule into the Master Schedule to maximize the effectiveness of fast-
tracking design and construction (within the limits allowed in the contract), ensuring
constructability and economy of the design, integrating the shop drawing and
installation drawing process into the design, executing the material and equipment
acquisition programs to meet critical schedules, effectively interfacing the construction
QC program with the design QC program, and maintaining and providing the design
team with accurate, up-to-date redline and as-built documentation. The Contractor
shall require and manage the active involvement of key trade subcontractors in the
above activities, as appropriate, if subcontracts have been awarded.

[Note: The following should be addressed in the contract, either as a separate
Special Contract Requirement or in this Section:]

24.    VALUE ENGINEERING AFTER AWARD

24.1 In reference to Contract Clause 52.248-3,          “VALUE ENGINEERING –
CONSTRUCTION”, the Government may refuse to entertain a “Value Engineering
Change Proposal” (VECP) for those performance oriented aspects of the Solicitation
documents which were addressed in the Contractor’s accepted contract proposal and
which were evaluated in competition with other offerors for award of this contract.

24.2 The Government may consider a VECP for those prescriptive aspects of the
Solicitation documents, not addressed in the Contractor’s accepted contract proposal or
addressed but evaluated only for minimum conformance with the Solicitation requirements.

24.3 For purposes of this clause, the term “performance oriented” refers to those aspects of
the design criteria or other contract requirements which allow the Offeror or Contractor
certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of
design, technical approach, design solution, construction approach or other approach to fulfill
the contract requirements. Such requirements generally tend to be expressed in terms of
functions to be performed, performance required or essential physical characteristics, without
dictating a specific process or specific design solution for achieving the desired result.

24.4 In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects
of the design criteria or other Solicitation requirements, wherein the Government expressed
the design solution or other requirements in terms of specific materials, approaches, systems
and/or processes to be used. Prescriptive aspects typically allow the Offerors little or no
freedom in the choice of design approach, materials, fabrication techniques, methods of
installation or other approach to fulfill the contract requirements.

[Note: The following addresses procedures for obtaining Rough Order of Magnitude
Estimates for changes:]

25.    RESPONSE TO A REQUEST FOR A CHANGE

25.1 When the Government is trying to decide whether to make a change to the contract, it




Page 129 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

needs cost and schedule information from the Contractor to help make the decision.

25.2 When requested by the ACO, the Contractor shall provide the Government a rough
order of magnitude (ROM) change cost estimate, including design and construction. Before
any design work is undertaken, the ACO and the Contractor shall agree on the level of
required preliminary design needed to prepare a ROM cost estimate, shall negotiate a price
to perform the design and to prepare the ROM estimate and shall agree on a schedule for
delivery of the ROM estimate. No design or construction work on a change shall begin until
the ACO provides the Contractor a written notice to proceed, in accordance with the Changes
clause of the contract.

25.3 The Contractor shall not revise the actual design drawings and specifications until
Government agrees to the change and the contract is modified to reflect the change or until
the Government directs the Contractor to proceed with the change.

[Note: The following should be addressed in the contract, either as a separate Special
Contract Requirement or in this Section:]

26. DEVIATING FROM THE ACCEPTED DESIGN

26.1 The Contractor must obtain the approval of the Designer of Record and the
Government’s concurrence for any Contractor proposed revision to the Government reviewed
and concurred design.

26.2 The Government reserves the right to non-concur with any proposed revision to the
design, which may impact furniture, furnishings or equipment selections that were made,
based on the reviewed and concurred design.

26.3 Any proposed revision to the design, which deviates from the contract requirements
(i.e., the RFP and the accepted proposal), will require a modification, pursuant to the
Changes clause, in addition to Government concurrence. The Government reserves the right
to disapprove such a revision.

26.4 Unless the Government initiates a change to the contract requirements, or the
Government determines that the Government furnished design criteria are incorrect and must
be revised, any Contractor initiated, proposed change to the contract requirements, which
results in additional cost, shall strictly be at the Contractor's expense.

26.5 The Contractor shall track all approved revisions to the reviewed and accepted design
and shall incorporate them into the as-built design documentation, in accordance with agreed
procedures.

[The following is alternate wording for proposed revisions to the accepted design:]

26. REVISIONS TO THE ACCEPTED DESIGN




Page 130 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

26.1 Once the Final Design submittal(s) have been accepted by the Government and
released for construction, the Contractor may not revise the design or delete any item from
the project shown on the Final Design without prior Government approval. The Contractor
shall provide all items shown on the Final Design Submittal, as accepted and released for
construction. Contracting Officer review or acceptance of design submittal packages
including the Final Design shall not be construed as a waiver from requirements where those
requirements may have been erroneously expressed or omitted from the Contractor prepared
design documents, unless the Contractor has specifically noted such variations the
Contracting Officer has accepted them, in writing. These documents shall define the
construction for this project.

26.2 The Contractor must obtain both the approval of the Designer of Record and the
Government’s concurrence for any Contractor proposed revision to the Government reviewed
and concurred Final Design.

26.3 Unless the Government initiates a change to the contract requirements, or the
Government determines that the Government furnished design criteria are incorrect and must
be revised, any Contractor initiated, proposed change to the contract requirements, which
results in additional cost, shall strictly be at the Contractor's expense.

26.4 The Contractor shall track all approved revisions to the reviewed and accepted design
and shall incorporate them into the as-built design

--End of Section--




Page 131 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


PART 9         GUIDANCE CONCERNING TWO-PHASE DESIGN-BUILD STIPENDS

 (**NEW SEPTEMBER 10, 2001/REVISED NOVEMBER 17, 2001, REVISED MAY 14,
                                2005)

9.1. Two-Phase Design-Build Solicitations often involve considerable expense for the
     offerors to develop design proposals in Phase 2. Some Client Agencies have
     desired to provide the unsuccessful Phase 2 offerors a “stipend” to help offset this
     expense, on the basis that stipends will help attract more competition, as well as
     better, more innovative D-B proposals. The following guidance was issued by
     Headquarters USACE on May 11, 2005 It replaces the earlier guidance that was on
     this webpage. The earlier guidance was based on legal guidance that the late Laura
     Meeker of USACE Offfice of Counsel provided me in 2001, based on the premise
     that the Government had to “obtain something of value” in exchange for a stipend.
     Laura felt that something of value represented rights to the design proposal, not
     consideration through enhanced competition and better design proposals. In the
     Spring of 2005, USACE re-evaluated the issue of stipends and finally developed a
     consensus policy, which is re-printed below. The policy does not provide for or allow
     the Government to obtain any rights to the unsuccessful offerors’ proposals:




                    Engineering and
                    Construction Bulletin
No. 2005-        Issuing Office: CECW-E      Issued:     11 May 2005     Expires:      10 May 2007


Subject: Use of Stipends in Military Construction-Funded Two-Phase Design Build Projects

Applicability: Guidance

1. Purpose. This bulletin provides guidance for the appropriate use of stipends on Military
Construction projects procured using two-phase design-build selection procedures.

2. Reference. HQUSACE Chief Counsel‟s memorandum, subject as above, dated 30 September,
2004. (Enclosure)

3. Background.

   a. It is not unusual in the private sector for an owner to pay a monetary “stipend” to encourage
participation by highly qualified design-build offerors. Although stipends may offset some costs
for proposal preparation they are not intended to pay for the total cost to compete.




Page 132 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



   b. Payment of stipends within the USACE has been on a very limited basis and there has been
no corporate guidance issued on the subject. Stipend payment has almost always been pursuant to a
customer request in the interest of improving the number of quality proposal submissions. Per
reference, the Chief Counsel has determined it is legal to use stipends to promote or maintain a
reasonable level of competition to ensure price competition and program success. Stipend
payments will not be made on a routine basis. They are only to be used when determined to be a
good business investment to significantly enhance the quality of competitive proposals. There are
no separate budgeted sources for stipend payments so use of stipends will be viewed in the context
of each particular program‟s overall yearly budget.

   c. The two-phase design-build selection procedures in FAR 36.3 were developed, in part, to
mitigate overall costs to the industry to compete on design-build solicitations by reducing the
number of offerors having to prepare technical proposals. These Phase 2 proposals usually
involve substantial design effort and those few Phase 2 offerors may still expend significant
proposal preparation costs and not receive a contract award. Accumulation of these “sunk” costs
over time discourages many highly qualified firms (particularly the smaller ones) from competing
on our design-build acquisitions.

   d. As the use of design-build has increased in USACE, the industry and some customers have
expressed a desire to use stipends as a means of encouraging better and more innovative solutions.
 Generally speaking, stipends are more appropriate for use on larger, more complex or unique
facilities with special features that would entail significant up front proposal preparation costs.
Payment of stipends can encourage participation on design-build projects where creative design
solutions are sought as part of well developed technical proposal submissions.

4. The decision to pay a stipend to unsuccessful Phase 2 offerors is made early in the project‟s
acquisition cycle and documented in the project management plan. The optimum time to include
stipend discussion and justification is during the planning charette process where project
acquisition strategy is first deliberated. The decision needs to be included in the formal acquisition
plan when such a plan is required by EFARS Part 7. Formal acquisition plans are not generally
required for single project design-build acquisitions unless specifically requested by HQUSACE.

5. Written approval from the project‟s Planning and Design (P&D) funds manager is required to
pay a stipend. The following information addresses some of the major funds managers for various
P&D accounts. For others not listed, a case-by-case approach must be used to assure that the
appropriate account manager endorsement is secured prior to payment of the stipend.

ACCOUNT                                          AUTHORITY

Military Construction, Army                     HQUSACE, Programs Integration Division (PID)
And Army Family Housing

Military Construction, Air Force                Air Force Major Command




Page 133 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Military Construction, Army Reserve            Office of the Chief, Army Reserve

Military Construction, Navy                     Naval Facilities Engineering Command

Military Construction, Defense         HQUSACE, PID
(HQUSACE managed - Energy Conservation
Investment Program; TRICARE Management
Activity; Chemical Demilitarization)

Military Construction, Defense                 Specific Customer Agency
(Customer managed – Defense Logistics
Agency; Defense Finance & Accounting
Center; DoD Dependents Education
Activity; Defense Intelligence Agency;
National Security Agency; Washington
Headquarters Service)

Requests sent to the HQUSACE Programs Integration Division (PID) for approval will be endorsed
by the appropriate USACE Regional Business Center to insure consistent policy. For Army and
Defense programs managed by HQUSACE early annual planning on a regional basis should be
accomplished to allow establishment of project priorities for stipends consideration to be included
in the P&D Management Plans (P&DMPs). For all customer managed accounts, an information
copy of the request and customer approval will be provided to the HQUSACE PID.

6. Payment of a stipend is contingent on the following.

   a. The project is funded from a military construction appropriation.
   b. Two-phase design-build selection procedures are used.
   c. A written determination that competition among well qualified offerors is uniquely
      constrained (see attached legal opinion for sample determinations memo).
   d. Approval by the customer or the program‟s funds manager.
   e. The unsuccessful Phase 2 offeror‟s technical proposal must meet the solicitation
      requirements.
   f. Stipends are to be paid from the military construction planning and design (P&D) account.
   g. Stipend amounts are to be the same for all qualifying unsuccessful Phase 2 offerors.
   h. Stipends are not to be used to acquire ownership or rights to use unsuccessful proposals.

7. Stipends will not to be used as justification to require overly elaborate proposals from design-
build offerors. Tailor the Phase 2 proposal submission requirements to the specific project. Base
the required level of technical design information on what is necessary to establish a clear
understanding of the offeror‟s proposed approach to meet solicitation requirements so that the
Government can determine which design-build contractor offers the best value for contract award.
Keep proposal submission requirements to the minimum necessary.

8. Stipends may be paid by making multiple awards under the design-build solicitation or by




Page 134 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


purchase orders when the stipend amount does not exceed the simplified acquisition threshold.

9. Paragraph 6. of the enclosure includes sample contract language to use in solicitations where
payment of a stipend will be made. Adapt as appropriate to the specific project situation.

10. More guidelines are provided in paragraph 5. of the enclosed legal opinion.

11. This bulletin was coordinated with the Office of the Chief Counsel and the Office of the
Principal Assistant Responsible for Contracting. Point of contact for this bulletin is CECW-SAD,
202-761-4108.

Enclosure

-S-                                                         -S-

Donald L. Basham, P.E.                                 J. Joseph Tyler, P.E.
      Chief, Engineering and Construction                    Chief, Programs Integration Division
Directorate of Civil Works                             Directorate of Military Programs




Page 135 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




.




Page 136 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Page 137 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Page 138 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Page 139 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Page 140 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

9.2. Note that stipends are NOT used to offset the cost of a “Performance Capability”
proposal, that is, a proposal which describes the offeror’s organization, key personnel,
management capabilities and systems, schedules, experience and past performance.

9.3. Stipends are NOT used to pay for price proposal efforts.

9.4. Stipends have been included in 2 Phase D-B Solicitations, in various forms, by
several Corps of Engineers Districts prior to this guidance but follow the new guidance.

9.5. Any number of methods are available to establish the amount of the stipend.
However care should be exercised to assure that the Government does not pay more
than it would reasonably cost to actually produce a design proposal. Joel Hoffman
recommends that qualified professionals estimate the cost to produce a design proposal
that meets the minimum RFP requirements, then use a percentage of the estimate to
establish the amount of the stipend.

9.6. If the amount of the stipend will not exceed the simplified acquisition limit in FAR,
(presently $100,000), use the appropriate purchase order contract forms for the contract.

9.7 Per the guidance, be sure to stipulate in the D-B solicitation that, in order to receive a
stipend, the 2nd phase unsuccessful offeror’s technical design proposal must essentially
conform to the minimum acceptable RFP requirements. Essential conformance means
that some insignificant, minor deficiencies or weaknesses may be allowed, as long as the
overall design proposal meets the requirements for “acceptable” (or whatever equivalent
term your solicitation uses to designate acceptable level). Otherwise, you may end up
with a half finished proposal or the like – it is not uncommon for an offeror to stop further
investment for various reasons.

9.8. Include the following paragraph or similar wording, describing the Government’s
rights to an unsuccessful Phase II offeror’s design proposal, in Section 00120 “Evaluation
Criteria and Basis of Award”, when you intend to pay stipends to unsuccessful offerors.

9.9. Note: Include this paragraph in the Purchase Order, which is the actual contract
vehicle used to pay the stipends, up to the simplified acquisition limit of $100k.

9.10 See the Two Phase Family Housing samples in the following sections PROPOSAL
SUBMISSION REQUIREMENTS and PROPOSAL EVALUATION CRITERIA

TWO-PHASE DESIGN-BUILD STIPENDS AND LIMITED RIGHTS TO TECHNICAL
DESIGN PROPOSALS (5/14/2005)

(a)    This Solicitation uses the Two-Phase Design-Build selection procedures, as described
       in FAR Sub Part 36.3, and provides for payment of a “stipend” to those unsuccessful
       Phase Two offerors, not selected for award of the resulting Design-Build contract.

(b)    In order to promote increased competition and to enhance design innovation, the



Page 141 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

       Government offers to pay a stipend of $XXXXXX to an unsuccessful Phase Two
       Offeror, in consideration for preparation of a Phase Two technical design proposal,
       otherwise meeting the minimum requirements described herein.


(c)    To be eligible for a stipend, the unsuccessful offeror’s technical design proposal must
       be essentially rated as “Acceptable” < Note to SPECIFIER: Use whatever term in your
       RFP which is equivalent to “Acceptable” > in all Phase Two technical evaluation
       criteria areas and must be considered a “conforming proposal,” essentially conforming
       to this Solicitation’s Government furnished design criteria. Some insignificant, minor
       deficiencies or weaknesses may be allowed, as long as the overall design proposal
       meets the requirements for “Acceptable.” No stipend will be paid to any offeror that
       withdraws from the competition prior to award.


                                           -END-

See Parst 10 and 11 of this document for additional discussion and samples for a two
phase acquisition, incorporating a stipend.




Page 142 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


PART 10       PROPOSAL SUBMISSION REQUIREMENTS AND SAMPLES

Note: Joel Hoffman developed this information for use in The Corps of Engineers’ PROSPECT
Course, entitled “DESIGN-BUILD CONSTRUCTION”

OBJECTIVES

Upon completion of this section of instructions, the student will be able to:

•      Define the primary purposes for requiring proposal submission requirements.

•      Recognize typical D-B Technical Criteria submission requirements.

•      Recognize typical D-B Performance Capability Criteria submission requirements.

•      Develop Requirements for Two-Phase D-B Submission.

Discussion and Guidance for Proposal Submission Requirements (follows)

                                        Exhibits:
1. CHECKLIST OF PRICING DOCUMENTS FOR THE DESIGN-BUILD PROPOSAL TEAM
(MEDIUM TO LARGE PROJECT)

2. CHECKLIST OF PROPOSAL PRESENTATION DRAWINGS AND OUTLINE FOR A
LARGE PROJECT (WHEN NOT OTHERWISE SPECIFIED)

3. SAMPLE PROPOSAL SUBMISSION REQUIREMENTS FOR AN ADMINISTRATIVE
OFFICE BUILDING - (FULL" DESIGN CRITERIA)

4. SAMPLE PROPOSAL SUBMISSION REQUIREMENTS FOR A MILITARY FAMILY
HOUSING PROJECT (ONE PHASE WITH "NOMINAL" DESIGN CRITERIA)

5. EXAMPLES OF PERFORMANCE CAPABILITY SUBMISSION REQUIREMENTS (1- AND
2-PHASE SELECTION PROCEDURES DISTINGUISHED)

6. FAR 36.3 - TWO-PHASE DESIGN-BUILD SELECTION PROCEDURES

7. TWO-PHASE D-B EVALUATION METHOD PHASE I - TECHNICAL APPROACH
SUBMISSION INFORMATION

8. SAMPLE TWO PHASE PROPOSAL SUBMISSION REQUIREMENTS FOR A
MILITARY FAMILY HOUSING PROJECT - "NOMINAL" DESIGN CRITERIA, INCLUDES
PAYMENT OF STIPEND (Stipends shown only as a sample. Stipends are optional.)




Page 143 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


PROPOSAL SUBMISSION REQUIREMENTS - DISCUSSION AND GUIDANCE:

1. Part 15 of the Federal Acquisition Regulations and the applicable supplements thereto
prescribe the policies and procedures governing contracting by negotiation. Subpart 15.3,
entitled "Source Selection" covers the requirements for selection of a source in competitive
negotiation. .

2. In negotiated procurement, the primary purpose of requiring the offerors to submit
technical information in addition to pricing with their proposals are to provide the Government
enough information to determine whether the proposals meet or exceed the minimum RFP
requirements. The Government must evaluate this information to determine which offeror is
expected to best meet the Government's requirements for function, aesthetics, durability, etc.,
as stated in the technical project requirements portion of the RFP.

3. The primary purpose of requiring information concerning their qualifications and
experience is to provide the Government with enough information to determine whether the
offerors will have a high probability of successfully completing the project design and
construction. The Government must evaluate this information to determine which offeror can
best execute their design and construction.

4. In this section, we'll discuss development of the offerors' proposal submission
requirements. This material comprises Section 00110 of the Design-Build RFP solicitation. In
the next section of the course, we'll discuss the development of the proposal evaluation
criteria, which are described in Section 00120 of the RFP.

5. Conduct a meeting to determine what proposal submission information will be necessary
in order to evaluate proposals and select a Design-Build Contractor (the “design-builder”).
The project manager, user/customer, technical, construction and contracting functions should
all be represented at this meeting. The overall decision on the level of design for the
solicitation document should have been made during the acquisition planning stage of project
development. The later meeting will be held to establish the detailed requirements for
proposal submission. It is extremely important that the customer/client be invited and
participate in the development of the proposal submission and evaluation criteria. We have
learned that several Districts do not include customer involvement, when developing the
submission and evaluation items. Clients, whom we have spoken with, were not happy about
being excluded.

6. The team will tailor the proposal submission requirements to suit the evaluation criteria
discussed in the next section.

      They must correlate each evaluation criterion in Section 00120 directly with a proposal
       submission requirement in Section 00110.

      Only request information needed to evaluate proposals against the evaluation criteria.

      Never ask for material not intended to be evaluated.



Page 144 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



      Only ask for meaningful information that will aid the evaluation and selection process.

      Requesting voluminous material or more copies than necessary can cause potential
       offerors to forego responding to the RFP in favor of less costly business opportunities.

      Furthermore, excessive proposal sizes may increase the Government's time and cost
       to perform the evaluation.

      The accuracy of the evaluation also decreases as the volume of material increases

      .Requiring voluminous or excessive proposal submission materials will limit the
       amount of response received on all but the very largest projects.

7. Submission Categories: There are two broad categories of information included in the
Proposal Submission for evaluation purposes. They are referred to in FAR Subpart 15 as
"Quality" and "Price" or "Cost."

8. The Quality category may be sub-divided or referred to by other designations but it
generally covers "Design-Technical" and "Performance Capability" information. Design-
Technical concerns the project's technical aspects, while Performance Capability concerns
the offerors' capability to successfully accomplish the project.

9. "Design-Technical" information concerns the technical requirements of the design. For
simplicity it is often called "technical" criteria. For purposes of this course we'll use the term
"technical" interchangeably with "design-technical." D-B "Technical" information may include
drawings, renderings, specifications, design calculations, analyses, narratives ("technical
approach"), lists of materials, models, catalog cut sheets, etc.

10. The level of technical information required in the proposal will primarily depend on the
extent that the solicitation requirements are to be "prescriptive" or "performance" based. The
level of detail required from the offerors is generally, inversely proportional to the level of
development of the RFP design criteria. In order to form a fixed-price contract, it is essential
that both the Government and the Design-Build Offeror understand and agree on the scope
of work involved in the project. The Offeror must either be furnished enough design
information to develop a good, detailed cost proposal or must have his designer develop
enough information to develop a good, detailed cost proposal. This is usually considered the
"concept" design stage. Exhibit 1, taken from the Design-Build Institute of America's "Manual
of Practice," Document Number 301, is a checklist for the Design-Build proposal team of
useful documents for developing a cost estimate for the price proposal. Either the
government or the D-B Offerors should develop this information.

11. The solicitation may use a combination of prescriptive and performance based
requirements. Some factors to consider in determining the balance between prescriptive and
performance-based requirements are:




Page 145 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

"Prescriptive" vs. "Performance" Requirements Considerations

      The type and complexity of the project

      Whether the project is standard or one-of-a-kind

      Level of design innovation allowed the design-builder (In function, layout, architectural
       style, structural systems, utilities, site, mechanical, electrical, communications, etc.)

      Time available for proposal preparation

      Cost to prepare proposals

      Depth of the market (especially if proposal preparation costs will be high)

      Cost and resources available to evaluate proposals

12. The required submittal material will vary according to the specific project conditions, the
offerors' responsibilities for design, and the procurement method used for the project.
Proposals must provide enough information to enable the Government to conduct a complete
and valid evaluation, yet must not require such an expenditure of time, effort, and cost as to
discourage participation in the procurement.

13. The degree to which submittal requirements are to be developed must be described
clearly in the RFP submittal requirements. As a general rule, the more innovation allowed in
the above design disciplines, the more the owner will want to review and evaluate that
particular design area for conformity to RFP, meeting expectations, owner and offeror's
understanding of the requirements, innovative or imaginative solution or approach, etc. Some
aspects of the design must be developed to at least the "concept" design level before
contract award, either in the Solicitation or in the Proposals. There are exceptions. If
maximum innovation by offerors is desired, the RFP with sketch layouts or drawings should
be developed to no more than approximately 10 to 15 percent complete.

14.    Exhibit 2, from the Design-Build Institute of America's "Manual of Practice," Document
Number 301 is a checklist for suggested proposal presentation drawings and outline
specifications (for a "large" project).

15. RFP development to 35 percent and above is permitted, but will reduce innovation of
materials and methods of construction, and could effect competition. Depending upon the
type project, the RFP design may be developed to the "full criteria" level in certain areas,
such as architectural, with "nominal" or performance criteria specified in other areas such as
structural, electrical, mechanical, etc. The owner may want to evaluate some or all areas of
the contractor's proposed design. However, if the performance criteria is clear, does not
involve state of the art design, or innovative solutions and the scope is clear to both parties,
no design submission may be necessary for that discipline. As, one alternative, we can ask
for design narratives, major material lists or other information concerning the offerors



Page 146 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

proposed "technical approach" to ensure that the scope is clear to both parties. Exhibit 3 is a
sample of such a project.

16. Exhibit 4 is a sample of a Family Housing Project, using the "nominal approach to design
criteria development." Note that it is only an example, tailored to stress the teaching points in
this class. Each family housing project is unique, and one must tailor the solicitation for your
project. The Technical Instruction TI 800-02 Army Family Housing provides the overall
guidance for these projects.

17. Even when the Solicitation package has been developed to the "full criteria" level in the
major areas, there are several advantages in asking for some proposal evaluation data.
These advantages should be considered even when it is not necessary to compare technical
proposals for innovation or variation in design.

a. The offerors must perform a certain level of design development in order to accurately
price out the construction, anyway. A good design-builder will probably follow guidelines
similar to Exhibit 1. If some offerors do and others don't, there could be a wide disparity in the
accuracy of the offerors' prices.

b. The Government should receive the benefit of lower pricing. Unless the project is repetitive
or highly routine, the less design development performed, the more contingencies to be
covered by the offerors in their proposals. The Government will pay more for the project due
to contingencies in their proposals, if some or none of the offerors develop the design.

c. The Government can evaluate the offerors' understanding of the criteria, providing a higher
degree of assurance that they and we understand the scope of work and that the proposal
conforms to the RFP requirements. This will certainly reduce the probability of
misunderstandings and claims later, during contract execution.

18. Technical Instruction, TI 800-03, "Technical Requirements for Design-Build Military
Construction" contains checklists for Government technical criteria requirements and
corresponding offeror required proposal submission for RFPs with "Nominal," "Partial," and
"Full" project criteria.

19. Technical Instruction, TI 801-02 Army Family Housing, includes proposal submission
requirements for the technical aspects of the proposal. These requirements are specifically
oriented for residential construction and represents the "nominal" project criteria approach.

20. "Performance Capability" refers to the offeror's ability to successfully manage and
execute the design and construction of the project. This category can include such things as
the firm's organization, management capabilities, technical excellence, prior experience and
past performance on projects similar in scope and magnitude, design/build experience,
personnel qualifications, quality control system, safety record, scheduling capabilities,
preliminary schedule, proposed contract duration, etc.




Page 147 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

21. Performance Capability information is necessary to allow the Government to assess the
ability of the offerors to meet the Government's needs. If the acquisition objective is "Best
Value" this information will provide a basis for determining the relative capabilities of
competing firms to best meet the Government's stated objectives.

22. If price is the most important criteria in selection of the design builder, the performance
capability information will allow the Government to assess the adequacy of the Offerors'
minimum qualifications to meet the Government's stated objectives.

23. Exhibit 5 contains a list of typical but not necessarily all-inclusive Performance Capability
proposal submission categories. Analyze each project and select only those requirements
necessary or important to the specific project to discriminate between offerors (Best Value
trade-off process only) or to determine minimum acceptable organization and qualifications of
the offeror and its personnel (Trade-off or Lowest Priced, Technically Acceptable).

24. For residential construction, TI 801-02 Family Housing, provides sample offeror
performance capability submission requirements.

25. The CATEGORY II, "Price/Cost" submission information consists of the bid or line item
schedule and any required back-up or price breakdown information. The pricing information is
submitted in a separate package called the "Pro-Forma Requirements," including the SF
1442 (Offer), the Representations and Certifications, Bid Bond and pre-award information (if
requested at the time of the offer). Contractors often complain that it is virtually impossible to
provide accurate, last minute price breakdown information with their proposal submission. It
is allowable to establish a separate submission date for the price breakdown information.
Three working days after the initial proposal date is recommended. Exhibit 3 contains an
example format for line item breakdown information.


                     Some Guidelines for Submission Requirements

      Ask only for information relevant to an evaluation factor

      Keep proposal preparation cost to minimum necessary to evaluate

      Ask for only enough copies to evaluate plus original

      Require the successful contractor to provide additional copies of the accepted
       proposal to administer the contract.

      Use forms where possible to standardize format

      Organize by tabs

      Determine whether technical-design material to be anonymous




Page 148 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


      Require separate envelopes/packages for quality/technical information and cost/price
       Information.

      Allow offerors to submit price breakdown on separate submission date subsequent to
       initial proposal.

                       Two-Phase Design/Build Selection Procedures

May be used when the Contracting Officer determines appropriate (FAR 36.301):

      Three or more offers anticipated

      Substantial cost and design effort required to develop price proposals

      Consideration has been given to:

                      Level of design development in RFP documents

                      Project delivery time constraints

                      Capability and experience of D-B market

                      Suitability of project for Two-Phase

                      Agency capability to manage the process

                      Other criteria established by HCA

26.     A key provision in the Federal Acquisition Reform Act of 1996 authorizes the use of a
two-phase selection procedure for Design-Build contracts. The Government and Industry
jointly developed this legislation (the Corps represented DOD in the negotiations). One of the
reasons was industry concern that too many firms are being included in the competitive range
on DB projects that involve significant design efforts and proposal preparation costs. The
statute enables the Government to be more selective and establish a competitive range of
only a few of the best firms, based on qualifications, without considering price. The range is
reduced, usually to no more than five firms before offerors are expected to risk a large
investment in preparing a competitive design and a price proposal. FAR subpart 36.3 (Exhibit
6) implements the authorized two-phase selection process.

27.   The KO must decide whether or not to use two-phase D-B acquisition approach, in
accordance with FAR 36.3.

The primary considerations are:




Page 149 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

a.    Will offerors expand considerable expense and effort in developing a technical-design
proposal? If so, it is desirable to limit the number of offeror's expected to have to expend this
expense and effort.

b.    Will requiring development of technical proposals increase the quality, innovation, and
advantage to the Government?

c.    Expected level of competition - too many will increase the evaluation time and cost for
the Government. Unlimited competition often discourages AE firms and constructors from
competing against an undefined or unknown number of competitors. They expect reasonable
odds for award. We have found that two-phase process actually attracts more competition
(good!). Phase I offerors don't have to expend much cost/effort to reach Phase II, where they
have reasonable competitive odds of successfully obtaining contract award.

d.     Caution: Phase I is often comparable to a "Glamour Contest." The most "Qualified" or
prestigious firms does not necessarily translate into the most innovative design solution We
have found, for instance, that local residential designers and constructors often provide more
innovative design solutions and designs which are more compatible in character and function
to other similar local housing developments.

28. In Phase I of the solicitation process, offerors submit a "Qualifications" proposal only,
without extensive design information and without a price proposal. The full Quality/Technical
Proposal (technical-design and performance capability) are submitted in Phase II, after the
initial competitive range of most qualified firms has been established. During Phase 1, the
Government will not evaluate the offerors' full understanding of the RFP requirements. The
Government will only evaluate the comparative technical approaches and relative capabilities
of the competing firms.

29. FAR 36.3 lists the evaluation factors to be considered in evaluating Phase I proposals.
They include (1) specialized experience and technical competence, (2) capability to perform,
(3) past performance of the offeror's team (including the A-E and construction members), (4)
technical approach to the RFP project design criteria (but not detailed design or technical
information).

30. In order to minimize proposal preparation costs for Phase I, the "Technical Approach"
submittal must be very limited. The Government will ask only for information when necessary
to comparatively evaluate the offerors' "vision" of the prominent design feature(s) where
significant innovation is sought. This approach might require that offerors develop limited
portions of those prominent design feature(s) to a design stage comparable to "Project
Definition" level (maximum 10-15%).

31. Please recognize that, although both the statute and FAR authorize the Government to
include "technical approach" evaluation criteria in Phase 1 submittals, the intent in the statute
and in the FAR implementation was to mirror the A-E selection process in FAR Subpart 36.
Phase I should be similar to evaluating qualifications to develop .a "short list" for an A-E
selection. The industry is strongly opposed to expending any significant design costs in the




Page 150 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Phase I process. Notwithstanding such opposition, there are projects in which a considerable
degree of innovation is allowed in the design solution. In those cases, the technical approach
in one or more design disciplines may well be the most or one of the most important
evaluation factors in determining the successful contractor. Of course, the Corps and the
using agency will only be exposed to the contractor and his "capabilities" for a short period,
compared with how long they must live with the quality, looks, character and function of the
final design product. The best designs in some past projects have been produced by the
least known or less "glamorous" D-B teams. In projects where innovation is important enough
to require the offerors to expend costs to define their "vision" of the most critical project
design features, the Government should strongly consider careful establishment of a
"stipend" or "design cost pool" to share among some or all of the offerors. This would
hopefully dispel industry criticism and encourage more participation (enhance competition) by
quality D-B teams.

32. Exhibit 7 provides some guidance for consideration in various discipline areas. Analyze
each project by discipline for complexity, degree of standardization or uniqueness, amount of
innovation and flexibility allowed in the design solution, number of different design
approaches allowed, etc.

33. After evaluating the Phase I offers, the Government will then determine a competitive
range of the most highly qualified offerors, with, when applicable, the most desirable vision or
innovative technical approach. The Phase I RFP will identify the maximum number of offerors
to be invited to submit phase-two proposals. The specified maximum will not exceed five,
unless the KO has determined, for the particular project, that there is a strong need and
justification for more than five firms.

34.     Phase II may be a continuation of the same solicitation or may be a separate
solicitation. In Phase II, the remaining offerors will submit new Quality/Technical proposals
and a Price proposal. The Phase II Quality/Technical proposal will consist of detailed
Technical and performance Capability information. The Phase I proposal information and
evaluations may be carried forward to Phase II, (but need not be). The RFP must state
whether or not Phase I evaluations will count in Phase 11, and if yes, how.

35.     As of May 2005, we are not aware of any 2-phase selection RFP, which has required
any design - technical (technical approach) information in Phase I. Instead, Phase II is used
for the short listed offerors to develop their design proposals. In this case, it may be desirable
to consider using a stipend in Phase II. The stipend would be payable to the unsuccessful
Phase II Offerors.. The proposal must meet minimum specified standards in order to avoid an
offeror submitting a minimal effort in Phase II, simply to receive the stipend.

36. The Government must specify the amount of the stipend in the RFP. One suggested
guideline is to estimate the cost to the offeror to develop an acceptable design proposal, then
split it between the Government and the Offeror. Some Districts have specified "stepped"
stipend amounts, with each unsuccessful offeror's share of a total "pot" based on their final
Phase II ranking. Joel Hoffman doesn’t recommend this approach, plus it requires ranking
the unsuccessful offerors. That is just another irritant and needless complicator.




Page 151 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



37. We do not pay stipends for the performance capability proposals. This is normally not a
cost issue with contractors or A-E firms.

38. Exhibit 8 is an example of a Section 00110 Proposal Submission Requirements for a
two-phase military family housing project, with a stipend for the unsuccessful Phase II
offerors. You don’t have to include a stipend in a 2- phase acquisition. See further guidance
concerning stipends in Part 9 of this document.




Page 152 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                            EXHIBIT 1
              CHECKLIST OF PRICING DOCUMENTS FOR
                THE DESIGN-BUILD PROPOSAL TEAM
                          (For a Medium to Large Project)

Taken from:
“Design-Build Manual of Practice Document Number 301 (1996) “

Design-Build Institute of America
1010 Massachusetts Ave., NW. Suite 350
Washington, DC 20001
202-682-0110

1. "This checklist is designed for internal estimating and outside subcontractor and vendor
use."

1.1.   Site plan with grading, utilities, parking, landscape drainage structures

1.2.   Annotated landscape plan (can be superimposed over site geometry plan)

1.3.   Comprehensive floor plans, cross-sections and elevations

1.4.   Life safety schematic

1.5.   Preliminary finish, door and window schedules

1.6.   Reflected ceiling plans for special ceiling situations

1.7.   Large scale wall sections showing key vertical dimensions

1.8.   Foundation plan with sketched details/information/quantities

1.9.   Structural framing plans with typical member sizing and for quantities

1.10. HVAC equipment plan with ductwork schematics

1.11. Plumbing and fire protection schematics

1.12. Electrical plans, showing typical power and lighting concepts; quantities where
appropriate

1.13. Outline specifications for all scopes of work, including cut sheets and sketches

(Information from the DBIA Design-Build Manual of Practice, continued:)




Page 153 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



2. "...Too little pricing information generally drives early costs up and too much information
overtaxes the proposal team."

“3. (The Manual provides guidance to the estimating team in preparing the cost budget for
the proposal. Cost estimates can be developed from quantity takeoffs, quantities generated
by designers and "conceptual" estimating.) "Conceptual estimating involves being able to
visualize, from preliminary or incomplete documents, what a finished construction document
will look like; being able to understand the design intent of the designer, and translate that
into quantities and cost....

4. To a greater extent than conventional estimating, a conceptual design-build estimate
involves using good judgement, taking intelligent risks, and realizing that while the accuracy
of individual line items may vary widely, their aggregate total must not."

5. A principal distinguishing factor of design-build is having the skill and expertise to manage
design development and construction documents, after securing the award, in such a way
that final design satisfies the criteria while remaining within the cost budget."




Page 154 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                           EXHIBIT 2
       CHECKLIST OF PROPOSAL PRESENTATION DRAWINGS
             AND OUTLINE FOR A LARGE PROJECT
                 (When Not Otherwise Specified)
Taken from
“Design-Build Manual of Practice Document Number 301 (1996)”

Design-Build Institute of America
1010 Massachusetts Ave., NW. Suite 350
Washington, DC 20001
202-682-0110

1. "Generally speaking, the presentation drawing may be less in volume than the pricing
documents and, if CADD-generated, should not constitute a major additional undertaking.
Remember, the proposal drawings will become a part of the design-build contract and must
be sufficiently developed to protect both the design-build team and the owner. They must
also clearly define the scope and quality levels your team is offering in the proposal."

1.1.    Rendering of best view of project

1.2.    Rendering of key interior features

1.3.    Rendered site plan with landscaping

1.4.    Site plan with grading and utilities improvements

1.5.    Schematic floor plans

1.6.    Exterior elevations

1.7.    Building sections, wall sections, and selected details

1.8.    Reflected ceiling plans - special areas

1.9.    Structural framing schematic (optional)

1.10. HVAC, plumbing, fire protection, and electrical schematics

1.11. Material board




Page 155 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

   2. Outline Specifications.

   3. Accompanying the proposal drawing should be a narrative variously referred to as
   outline specifications or scope descriptions. This document can be in outline or general
   narrative format and supplements the proposal drawings with more detailed technical
   descriptions, both qualitative and quantitative, defining the elements of the proposal.
   Where appropriate, outline specifications can present descriptions of engineering systems
   in lieu of the (presentation drawings).




Page 156 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                        EXHIBIT 3

        SAMPLE PROPOSAL SUBMISSION REQUIREMENTS
          FOR AN ADMINISTRATIVE OFFICE BUILDING
Note: In this example, the new office building is to match an existing office complex. The RFP
for this project was developed to the "Full Criteria" level of design, architecturally. The
structural systems are the contractor's choice. The building utility and control systems were
described with a combination of prescriptive (allowable options) and performance
specifications. The objectives were to assure architectural compatibility and to assure
conformance with the other requirements. Ron Kalifeh, of The Corps of Engineers’ Mobile
District originally composed this for a successful project at Redstone Arsenal, AL. Joel
Hoffman adapted it for the PROSPECT Course, “Design-Build Construction”

1.0 WHO MAY SUBMIT:

1.1 Firms formally organized as design-build entities, design firms and construction
contractors that have associated specifically for this project, or any other interested parties
may submit proposals. In the latter case, the association may be a joint venture or a
subcontractor. Also, in the latter cases, a single design firm or construction contractor may
offer more than one proposal by entering into more than one such association. For the
purposes of this solicitation, no distinction is made between formally organized design-build
entities and project-specific design-build associations. Both are referred to as the design-
build offeror (or simply "offeror") or the design-build contractor (or simply "contractor") after
award of a contract.

1.2 Any legally organized offeror may submit a proposal, provided that the offeror, or offeror's
subcontractor, has on its permanent staff professional architects and engineers registered in
the appropriate technical disciplines and provided that the requirements specified in DESIGN
CONTRACT CLAUSE, "Requirements for Registration of Designers," are met. All designs
must be under the direct supervision of appropriate licensed professionals.

2.0 GENERAL REQUIREMENTS:

2.1   The intent of this one-step solicitation is to solicit proposals for the Design and
Construction of the Sparkman Center Addition. The solicitation criteria rely upon industry
standards, as much as possible, to allow the offeror a degree of design flexibility while
meeting certain specific project requirements. The successful Contractor must design and
construct administrative facilities that will appear and function as an integral part of the
Sparkman Complex. Proposers shall perform sufficient design work prior to submitting
proposals in order to verify quantities and costs.

2.2   In order to effectively and equitably evaluate proposals, the Source Selection Board
must receive information sufficiently detailed to clearly describe the Offeror's technical




Page 157 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

approach, management plan and capabilities to successfully complete the design and. to
construct this project.

2.3   Submit your proposal packages to the Corps of Engineers at the address shown in
Block 8 of Standard Form 1442.

2.4    The Government must receive your proposal no later than the time and date specified
in Block 13 of Standard Form 1442.

2.5    Submit your proposals in three separate volumes, as described below. Provide written
portions in 8-1/2" x 11" format. You may separately provide schedules for construction but
you must bind and clearly mark them, as such. See also, Paragraph: "ADDITIONAL
SUBMISSION REQUIREMENTS" for a price breakdown.

3.0 TECHNICAL APPROACH. (VOLUME I)

Submit this information in a separate three-ring binder labeled: "Volume I - Technical
Approach." Provide the original and three copies. Organize the material sequentially under
tabs to facilitate evaluation. Address each of the following items:

3.1 Architectural Compatibility (TAB A). Provide a narrative, addressing the specified
building materials. Identify the manufacturer of the precast architectural concrete panels,
window and storefront glazing system, standing seam metal roof, carpet, and movable wall.
Discuss characteristics that will allow easy movement of walls, HVAC ducts, electrical and
communications outlets without alteration to the permanent structure. Provide product
descriptions and literature to allow evaluation of compatibility with the existing Sparkman
Complex. If more than one product is under consideration, include information on each
alternative.

3.2    Heating. Ventilating. Air Conditioning (HVAC) (TAB B). Include all items listed
below in your HVAC proposal.

3.2.1 References. List codes, regulations, or standards to be used in the proposed design.

3.2.2 Basis of Design.

a.     List outdoor summer and winter design conditions for critical systems.

b.     List outdoor summer and winter design conditions for non-critical systems.

c.     List indoor summer and winter design conditions for critical systems.

d.     List indoor summer and winter design conditions for non-critical systems.

e.     List total people occupying the building.




Page 158 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

3.2.3 Narrative Description. Provide a brief narrative description of the following systems
including manufacturer's names and type/ model of proposed equipment to be used.

a.     Central refrigeration system.

b.     Central heating system.

c.     Central pumping and piping systems.

d.     Air distribution systems.

e.     Temperature control system.

3.2.4 Preliminary Design Concept.

a.     Identify computer program(s) used to calculate heating and cooling system loads, and
building energy budget.

b.     Submit preliminary block load calculations for the facility (Total chiller load in tons
refrigeration, and total heat exchanger load in Btu/hr for heating).

c.    Submit narrative of connection of HVAC controls to the Central Control and Monitoring
System ("CCMS").

d.    Submit a narrative of the plan to tie-in the Sparkman Center chilled water system and
the LOGSA/Sparkman Center Addition chilled water system for winter operation of the
smaller of the two new absorption machines to carry the winter cooling load for the entire
complex.

3.2.5 Energy Conservation Features. Submit a list of energy conservation features utilized in
the proposed design.

3.3 Interior Electrical (TAB C). Provide brief descriptive narratives of the following systems:

3.3.1 Describe electrical characteristics of the building system.

3.3.2 Lighting, including the following:

a.     Major areas with room names and lighting intensity and spacing.

b.     Type of fixtures.

c.     Method of lighting calculations.

3.3.3 Power for general use (rewired workstation and floor outlets).




Page 159 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

3.3.4 Grounding.

3.4    Exterior Electrical (TAB D). Provide a brief description of the following systems:

a.     Distribution System, Normal Power.

b.     Distribution System, Emergency Power.

3.5    Electronic Systems (TAB E). Provide a descriptive narrative of all electronic systems
that are required for the project. The description shall discuss all aspects of each system,
including proposed brand name and model. Include specific descriptions of the system
functions, cabling, and connector types, testing requirements, design approach, and major
equipment required. The narrative on the Central Control and Monitoring System (CCMS)
shall describe the proposed scheme for building systems integration and a list of systems to
be connected.

3.6    Sustainable Development and Design (TAB F). Provide a descriptive narrative,
including a marked-up assessment , using the Sustainable Project Rating Tool (“SPiRiT”),
included in Appendix A of this Solicitation, demonstrating how the proposed design solution
meets or exceeds the “Bronze” rating level in the SPiRiT Guide.

3.7    Force Protection (TAB G). Provide a descriptive narrative demonstrating how the
proposed design solution incorporates mandatory force protection measures prescribed and
described in the DOD Anti-Terrorism Standards for Buildings.

4.0 PERFORMANCE CAPABILITY. (VOLUME ll)

Submit this information in a separate three-ring binder labeled: "Volume II - Performance
Capability." This category consists of the contractor organization, specific personnel,
specialized experience, quality control plan, preliminary schedule, and subcontracting plan.
Organize the submitted material sequentially under tabs, to facilitate evaluation. Provide the
original and three copies of Volume II.

4.1    Organization (TAB A).

4.1.1 Fully identify and describe your proposed organization to manage and execute the
design, construction, training and warranty support, in a narrative and in an organization
chart. Note that this Solicitation requires the Offeror to propose a specific team, including
specific design. firms and key subcontractors, all of which will be competitively evaluated and
scored.

4.1.2 Narrative. Address each of the following items, as applicable:

4.1.2.1 Identity Associations: If there is a joint venture association of firms, identify the
individual firms, describe the nature of the association and clearly identify contractual
responsibilities of each firm.




Page 160 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.1.2.2 If you are a construction contractor and elect to award a subcontract to an Architect-
Engineer or multiple design firms for the design, the narrative shall clearly identify all firms
and contractual responsibilities established between all firms.

4.1.2.3 Home Office Support: The organization must provide for a sole source of
responsibility for both design and construction. Describe the home office organization,
responsibilities and lines of authority established for the project. Describe your capability and
commitment to support the design and onsite management team.

4.1.2.4 Other Work: Describe your resources available to support this project concurrently
with other projected ongoing or new work. State why your construction firm(s) is especially
qualified to undertake this project.

4.1.2.5 Design Organization: Describe the organization, responsibilities and lines of
authority established to complete the design. Describe the resources available to support and
accomplish this design concurrently with other projected ongoing or new work. Describe the
responsibility of the designer(s) during the construction phase. State why your design firm(s)
is especially qualified to undertake this project.

4.1.2.6 Onsite Design-Construct Management Team: Describe the onsite design-construct
management team organization. Also, describe your plan for managing subcontract
acquisition, execution, and administration. If any of these subcontract functions will be
handled by other than the job-site office, include that portion of the plan under paragraph
3.2.2.2, above. The quality control organization is addressed separately hereinafter.

4.1.2.7 Quality Control Team: Describe the quality control team organization. Identify where
each position will be physically located (e.g., field office, home office, designer's office, etc.).
Clearly identify each member's employer.

4.1.2.8 Warranty Support: Describe the organization to be established for warranty support.

4.1.2.9 Self-Performed Work: Identify what construction parts of the project will be "self-
performed" by in-house forces and the related cost for each part, as defined below. Provide
and illustrate the calculation for "percent of self-performed work", in accordance with the
definitions below.

4.1.2.9.1 If this information is not available until the time set for receipt of initial proposals,
you may include it in the Pro-Forma Volume of your submission but note that it is located
there.

4.1.2.9.2 Definitions regarding self-performance of work by the Prime Contractor, in
accordance with Special Clause: "PERFORMANCE OF WORK BY THE CONTRACTOR"
(FAR 52.236-1):




Page 161 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.1.2.9.2.1 "Self-performance of work" generally includes mobilization and utilization of
owned or rented plant and equipment to be operated by the prime contractor's own
employees; only those materials which will be both purchased and installed by the prime's
own forces; labor associated with those aforementioned materials or equipment; only those
supplies to directly support work performed by the contractor's own employees; performance
by the contractor's own employees of design work, land surveys and other engineering or
technical specialist services required by the contract; and the contractor's own job overhead
costs. Prime contractor mark-ups for profit, general and administrative overhead,
bonds, or other indirect costs on self-performed or subcontracted work are not self-
performed work. Owner-operated equipment, rental of plant, or equipment for
operation by subcontractors or purchase of materials for installation by
subcontractors is not self-performed work.

4.1.2.9.2.2 "On the site" includes the construction site(s) as well as offsite fabrication, plant
or other facilities necessary to manufacture assemblies or provide materials to be
incorporated into the construction project.

4.1.2.9.2.3 "Total amount of work to be performed under the contract" is comprised of all
direct (variable, fixed, one-time and semi-variable) costs to the contractor, including jobsite
overhead costs, to construct the project. It generally includes all self-performed work, as
defined above, and cost of all supplies, materials and subcontracts. It does not include
design costs, home or branch office overhead costs or prime contractor markups for
bond, profit, etc.

4.1.2.10 Key Work Features: Identify the following key subcontractors by name and the
extent of their role, if the work is not to be self-performed (If more than one firm will perform a
work item, clearly describe the work to be performed by each):

a.     Interior and Exterior Electrical

b.     Mechanical (HVAC)

4.1.3 Organization Chart. Provide a project organization chart depicting the full organization
described in the narrative. Arrange the chart by organizational levels and location, depicting
authority lines. Clearly delineate onsite from offsite personnel. Include all in-house crafts.
Name all key sub-contractors.

4.2    Specific Personnel (TAB B).

4.2.1 Identify key personnel to be assigned to the project, to include principal managers,
designers and technical personnel who will be directly responsible for the day-to-day design
and construction activities. Use the attached formats for resumes. Indicate whether each
individual has had a significant part in any of the project examples cited under the
"Specialized Experience" factor. If reassignment of personnel is considered possible, provide
the names and resumes of the alternative professionals in each assignment.




Page 162 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.2.1.1 Designers. Include, as a minimum the design project manager; the project architect;
landscape architect; food service consultant; and all engineers to perform civil, electrical,
electronics, mechanical, plumbing, structural, fire protection, design; the interior designer;
and the design quality control manager. State which individuals will be the registered
designers of record, responsible for the various design disciplines. Provide NCIDQ or State
registration number for registered interior designers. Provide the FCSI registration number for
food service consultant. Provide State registration numbers for all engineers, architects and
project managers. The individuals listed above, not suppliers or vendors, shall produce the
designs.

4.2.1.2 Construction Personnel. Include, as a minimum, the key personnel, such as:
construction project manager, onsite supervisor, with overall site responsibility,
superintendent of the contractor's own forces, manager of subcontracts, quality control
manager and the project scheduler.

4.3    Specialized Experience (TAB C).

4.3.1 Offerors shall demonstrate experience. Use the attached format.

4.3.2 Prime Contractor: Provide examples of projects, within the last 3 years, in which the
prime contractor has been involved, which are similar to this project in scope and magnitude.

4.3.3 Design Firm(s): Provide examples of projects, within the last 5 years, in which each
design firm has been involved, which are similar in scope and magnitude to their role on this
project. In addition, provide a narrative, demonstrating the firm’s qualifications and recent
experience on projects, which incorporate Sustainable Development and Design Concepts,
described in the SPiRiT Guide or based on the US Green Building Council’s LEED Green
Building Reference Guide.

4.3.4 Key Work Features. Provide examples of projects demonstrating experience within the
last 3 years, in each of the key work features identified in the organization narrative, if to be
self-performed. If not to be self-performed, provide examples of jobs which each
subcontractor performed, within the last 3 years, related to their proposed subcontract on this
project (If more than one firm will perform a category of work, provide the information for each
firm. Clearly describe the work each firm will perform and their experience.)



4.3.5 Design-Build Experience:

4.3.5.1 Constructor/Key Subs and/or Designer: Include examples, within the last 3 years
(5 years for design firms), of design/build projects, in which the designer and/or constructor or
key trade subcontractors have been involved, if any.

4.3.5.2 Team Experience: Identify any projects that the designer and (prime) constructor
have previously contractually teamed together to accomplish.




Page 163 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.3.6 Joint Ventures: If offeror represents the combining of two or more companies for the
purpose of this RFP, then each company must list project examples, related to its role for this
project.

4.3.7 Details: Every cited example above must indicate the general scope and the firm's role
in the project (prime, subcontractor, or as joint venture). Identify the firm's role in the joint
venture. Provide the location, cost, extent, and type of subcontracting, and date of completion
of the project. Include the offeror's assigned performance evaluation of each (e.g.,
outstanding, satisfactory or unsatisfactory). Provide an explanation, if unsatisfactory. Where
applicable, explain facts related to any partial or completely terminated project and disclose
any job with an assessment of liquidated damages for failure in meeting completion dates.
Provide references with contact names and telephone numbers. The Government reserves
the right to verify previous performance by reviewing the Corps of Engineers Construction
Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS) or to interview
owners or references.

4.4    Plans For Quality Control (TAB D).

4.4.1 The successful offeror must implement a formal quality control program, which will
ensure high quality design and construction. Provide separate preliminary plans for quality
control of design and construction. After award, the successful: offeror shall expand the
preliminary plans to comply with Construction Special Clause, "Contractor Quality Control."
Address, as a minimum, the following items in each plan, as applicable.

4.4.1.1 Authorities: Describe the authority of the Quality Control Manager and all key Q.C.
positions (Both design and construction plans.)

4.4.1.2 Staff Qualifications: Describe the minimum qualifications required for each proposed
position in the Q.C. organization. These requirements must be met when staffing up for
design and construction (Both plans).

4.4.1.3 Tasks/Functions: Describe the tasks and functions of the quality control personnel
(Both plans).

4.4.1.4 Inspection Procedures: Describe your basic procedures for the performance of
quality control tasks. The construction Q.C. plan must also address procedures for the
various phases of construction inspection described in specification section "Contractor
Quality Control" (Both plans).

4.4.1.5 Reporting: Describe your procedures and policies for reporting quality control to the
Contracting Officer (Bath plans).

4.4.1.6 Tracking Systems: Describe your procedures for systems that track deficiencies in
design or construction from identification by Quality Control (QC) or Quality Assurance (QA)




Page 164 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

through the correction re-inspection by QC and verification by QA. Simply noting deficiencies
on daily reports is not a "tracking system" (Both plans).

4.4.1.7 Design and Submittal Reviews: (Both Plans) Describe your procedures and
responsibilities for review of design documents, review of shop drawings that are extensions
of designs and material submittals. Address the designer of record's role in this process.
Describe your procedures for resolution of review comments from both your in-house
personnel and from the Government reviewers. Describe your plan to provide drawings in the
required CADD format.

4.4.1.8 Design Coordination: Describe your procedures for coordinating the design
development between the designer, prime contractor and various subcontractors, especially
those key subs (both plans).

4.4.1.9 Maintenance of As-builts: Describe your procedures for maintaining up-to-date
plans and specifications on the job site and for preparation and submittal of as-builts
(Construction Plan).

4.4.1.10 Completion Inspection: Describe your plan and procedures for the Contractor's
completion inspection, prior to the joint inspection with the Government QA personnel
(Construction Plan).

4.5 Preliminary Schedules (TAB E).

4.5.1 Capability: Provide a narrative, describing your scheduling capability and planning
organization. Address how you maintain, update and use your schedule. Describe the
equipment and software/hardware you intend to use.

4.5.2 Schedule: Submit a preliminary schedule for design and construction. Provide the
original and 3 copies, if separately bound. Schedules or diagrams may be provided
separately in a size that is easily read, but shall be bound and clearly labeled as Volume II.
The preliminary schedule will, after contract award, be replaced with a final schedule as
required in the Construction Special Clause, “Contractor-Prepared Schedule.” The schedules
shall be task oriented, indicating the number-of calendar days, after notice to proceed, by
which milestones are to be achieved. Offeror may use a critical path or other method of his
choice; however, schedules shall be graphically represented. Give special attention to the
following features. The offeror may propose a contract completion period in the Contract
Line Item Schedule that is shorter than the maximum number of days prescribed in the
contract clause Commencement, Prosecution and Completion of Work . The proposed
project schedule should reflect that period as the contract duration.

4.5.2.1 Show the design phase, including events associated with coordinating the design
submittals and the proper handling of the review comments.

4.5.2.2 Show the construction phase for each facility, sitework, and utilities.




Page 165 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

4.5.2.3 Identify all "fast-tracking" of design arid construction.

4.5.2.4 Show O&M manual submission and required operator training.

4.5.2.5 Show turnover of each facility. Identify any proposed phased turnovers. Show the
CQC completion and joint turnover inspections.

4.5.2.6 Show as-built submissions.

4.5.3 Constraints: Offeror must demonstrate the capability and flexibility to plan and
schedule the complete project to meet the proposed contract completion date. Clearly identify
any constraints on the schedules presented (e.g., labor or material availability, weather,
interfaces with the Sparkman Complex, etc.). Indicate the anticipated critical path on the
schedule.

4.5.4 Field Overhead Inclusive: Both parties shall presume that field overhead costs
through the contract duration are inclusive in the offered price for the contract, regardless of
whether a compressed schedule is proposed.

4.6  Subcontracting to Small, Small Disadvantaged, and Women Owned Small
Business (TAB F). [Note Requirements for all Offerors below.]

4.6.1 Plan: Large Business offerors shall submit a subcontracting plan in accordance with
Contract Clauses 52.219-8 and 52.219-9 and AFARS 19.705.

4.6.2 Past Performance for all Offerors, Large or Small Business: Submit three (3) years
of past performance reports that reflect realistic and challenging goals and rate of
achievement to utilize small, small disadvantaged, or women-owned small business
concerns, as described below:

4.6.2.1 All offerors, whether large business or small business, must identify their efforts to
comply with FAR Clause 52.291-8, “Utilization of Small, Small Disadvantaged, and Women-
Owned Small Business Concerns.” Large business offerors must provide details of efforts on
previous projects containing subcontracting plans that clearly represent, through facts and
details, the offeror's efforts to comply with FAR Clause 52.219-9, Small, Small
Disadvantaged, and Women-Owned Small Business Subcontracting Plan. Information
provided may be relative to any similar . utilization and subcontracting plan requirements from
other Government agencies, or from similar requirements on non-Government contracts.

5.0 PRO FORMA REQUIREMENTS. (VOLUME III):

5.1    Submit this information in an envelope labeled: "Volume III - Pro Forma
Requirements." This category consists of representations and certifications, bonds, Standard
Form 1442, and proposal bid schedule. Offerors may include required pre-award information
in Volume III.




Page 166 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

5.2    Provide the original and 1 copy of Volume III.

6.0 ADDITIONAL SUBMISSION REQUIREMENTS (SEPARATE SUBMISSION).

6.1     In addition to the above and any other specified documents, submit a price breakdown
of the bid items to the address shown in Block 8 of the SF 142, "Solution, Offer, and Award,"
not later than 1530 local time on the third working day after the date shown in Block 13A of
the SF 1442. Use the breakdown format attached hereinafter.

6.2    This information is required for the initial and, if requested, for any revised proposals.




Page 167 o f 516
            Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                                             PRICE BREAKDOWN
            NOTES:

            1.   DISTRIBUTE INDIRECT COSTS TO EACH APPLICABLE BID ITEM (I.E.,- DON'T
            LOAD ONLY ONE BID ITEM). SHOW "FIELD" OR "JOB" OVERHEAD (NON-HOME OFFICE
            OR NON-"G&A ") UNDER "ALL OTHER."

            2. FOR EACH WORK CATEGORY WHICH IS KEY SUBCONTRACTED: IDENTIFY KEY
            SUBCONTRACTORS) NAMES AND AMOUNTS) AND AMOUNT OF ANY SELF-
            PERFORMED WORK. IF THERE IS MORE THAN ONE KEY SUBCONTRACTOR PER
            WORK CATEGORY, LIST EACH NAME AND SUBCONTRACT AMOUNT, USING
            ADDITIONAL LINES, AS NECESSARY.

            3. FOR OTHER THAN KEY SUBCONTRACTED WORK ITEMS: LIST TOTAL AMOUNT OF
            SUBCONTRACTS) AND AMOUNT OF WORK TO BE SELF-PERFORMED, IF ANY.

            4. CATEGORY TOTALS AND SUM OF ALL WORK CATEGORY TOTALS MUST MATCH
            BID ITEM TOTALS.

            5. THE GOVERNMENT RESERVES THE RIGHT TO OBTAIN ADDITIONAL COST
            CLARIFICATION (DETAILS), IF NECESSARY, TO ADEQUATELY EVALUATE PROPOSED
            PRICES.

            PRIME CONTRACTOR- -PLEASE OBTAIN SUBCONTRACT AND MATERIAL QUOTES IN
            SUCH MANNER AS TO BE ABLE TO ACCURATELY BREAKOUT COSTS INTO THIS
            FORMAT.

Bid Item No. 1.           Design of Facility
======================================================================================================
Work Category      Key Subcontractor    Subcontr.      Prime Subtotal.        Prime           Total
                   Name                 Cost           Self  Sub & Prime      OH (G&A)        Cost
                   (if Applicable)      To Prime       Cost  Job Cost         Profit/Bond
======================================================================================================
1. Design          _____________        _______        _____ _________        ________        ________

2. Cafeteria
Study              _____________        _______        _____ _________        ________        ________

3. All Other
(Including Job OH)                      _______        _____ _________        ________        ________


Bid Item Totals                         _______        _____ _________        ________        ________




            Page 168 o f 516
           Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Bid Item No. 2.             Construction of Buildings -- BUILDING A & COVERED WALKWAYS (2)
======================================================================================================
Work Category        Key Subcontractor   Subcontr.     Prime Subtotal.        Prime           Total
                     Name                Cost          Self  Sub & Prime      OH (G&A)        Cost
                     (if Applicable)     To Prime      Cost  Job Cost         Profit/Bond
======================================================================================================

1. Concrete
foundation, slabs, etc.     ________     ________      _____ __________       __________      ________

2. Structural Steel         ________     ________      _____ __________       __________      ________
(Incl. steel decking)

3. Precast Concrete         ________     ________      _____ __________       __________      ________

4. Roofing                ________       ________      _____ __________       __________      ________
(incl. walkway coverings)

5. Glass/Glazing/           ________     ________      _____ __________       __________      ________
Storefronts

6. Int. Finishes &          ________     ________      _____ __________       __________      ________
Specialty Items
(Incl. drywall, ceilings,
doors, painting,
carpets, flooring,
toilet partitions,
bathroom
accessories, etc.)

7. Raised Flooring          ________     ________      _____ __________       __________      ________

8. Operable and             ________     ________      _____ __________       __________      ________
Movable Partitions

9. Pre-wired                ________     ________      _____ __________       __________      ________
workstations

10. Elevators               ________     ________      _____ __________       __________      ________

11. Plumbing                ________     ________      _____ __________       __________      ________

12. HVAC

13. Instrumentation         ________     ________      _____ __________       __________      ________
and Controls for
HVAC

14. Fire Protection         ________     ________      _____ __________       __________      ________

15. Int. Elec.              ________     ________      _____ __________       __________      ________




           Page 169 o f 516
           Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Bid Item No. 2. (CONTINUED)               Construction of Buildings -- BUILDING A & COVERED WALKWAYS
      (2)
======================================================================================================
Work Category        Key Subcontractor    Subcontr.    Prime Subtotal.        Prime           Total
                     Name                 Cost         Self  Sub & Prime      OH (G&A)        Cost
                     (if Applicable)      To Prime     Cost  Job Cost         Profit/Bond
======================================================================================================
16. Fire Alarm, Comm.      ________       ________     _____ __________       __________      ________
and other Electrical Systems

17. All Other                             ________     _____ __________       __________      ________
(Incl. Job OH)

======================================================================================================

Building "A" Subtotals                    ________     _____ __________       __________      ________
======================================================================================================




Bid Item No. 3.             Construction of Buildings -- BUILDING B
======================================================================================================
Work Category        Key Subcontractor    Subcontr.    Prime Subtotal.        Prime           Total
                     Name                 Cost         Self  Sub & Prime      OH (G&A)        Cost
                     (if Applicable)      To Prime     Cost  Job Cost         Profit/Bond
======================================================================================================
1. Concrete foundation,     ________      ________     _____ __________       __________      ________
slabs, etc.

2. Structural Steel         ________      ________     _____ __________       __________      ________
(Incl. steel decking)

3. Precast Concrete         ________      ________     _____ __________       __________      ________

4. Roofing                  ________      ________     _____ __________       __________      ________

5. Glass/Glazing/           ________      ________     _____ __________       __________      ________
Storefronts

6. Int. Finishes               ________   ________     _____ __________       __________      ________
 & specialty Items
(Incl. drywall, ceilings,
doors, painting, carpets,
flooring, toilet partitions, etc.)

7. Raised Flooring          ________      ________     _____ __________       __________      ________

8. Movable Partitions       ________      ________     _____ __________       __________      ________

9. Pre-wired                ________      ________     _____ __________       __________      ________
workstations




           Page 170 o f 516
           Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Bid Item No. 3. (CONTINUED)              Construction of Buildings -- BUILDING B
======================================================================================================
Work Category        Key Subcontractor   Subcontr.     Prime Subtotal.        Prime           Total
                     Name                Cost          Self  Sub & Prime      OH (G&A)        Cost
                     (if Applicable)     To Prime      Cost  Job Cost         Profit/Bond
======================================================================================================

10. Elevators               ________     ________      _____ __________       __________      ________

11. Plumbing                ________     ________      _____ __________       __________      ________

12. HVAC                    ________     ________      _____ __________       __________      ________

13. Instru –                ________     ________      _____ __________       __________      ________
mentation and
controls for HVAC

14. Fire Protection         ________     ________      _____ __________       __________      ________

15. Int. Elec.              ________     ________      _____ __________       __________      ________

18. Fire alarm,           ________       ________      _____ __________       __________      ________
communications,
and other electronic systems, etc.

17. All Other
(Incl. Job OH)                           ________      _____ __________       __________      ________
======================================================================================================

Building "B" Subtotals                   ________      _____ __________       __________      ________
======================================================================================================


Bid Item No. 4.             Work in Central Plant
======================================================================================================
Work Category        Key Subcontractor   Subcontr.     Prime Subtotal.        Prime           Total
                     Name                Cost          Self  Sub & Prime      OH (G&A)        Cost
                     (if Applicable)     To Prime      Cost  Job Cost         Profit/Bond
======================================================================================================


1. Mechanical               ________     ________      _____ __________       __________      ________

2. Instrumentation          ________     ________      _____ __________       __________      ________
and controls

3. Int. Elec.               ________     ________      _____ __________       __________      ________

4. All Other
(Incl. Job OH
======================================================================================================

Central Plant Totals                     ________      _____ __________       __________      ________
======================================================================================================




           Page 171 o f 516
           Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Bid Item No. 5.            Existing Cafeteria Modifications in Building 5302
======================================================================================================
Work Category       Key Subcontractor   Subcontr.      Prime Subtotal.        Prime           Total
                    Name                Cost           Self  Sub & Prime      OH (G&A)        Cost
                    (if Applicable)     To Prime       Cost  Job Cost         Profit/Bond
======================================================================================================

1. Cafeteria             ________       ________       _____ __________       __________      ________
Modifications per
assumptions described
in Section III-C PLUMBING

2. Cafeteria            ________        ________       _____ __________       __________      ________
Modifications
per Section III-C MECHANICAL

3. Cafeteria             ________       ________       _____ __________       __________      ________
Modifications
per Section III-C ELECTRICAL

4. Cafeteria           ________         ________       _____ __________       __________      ________
Modifications
per Section 111-C FOOD SERV. EQUIP

5. ALL OTHER                            ________       _____ __________       __________      ________
(Incl. Job
Overhead)
======================================================================================================

Total For Central Plant Work            ________       _____ __________       __________      ________
======================================================================================================




Bid Item No. 6.            Sitework -
======================================================================================================
Work Category       Key Subcontractor   Subcontr.      Prime Subtotal.        Prime           Total
                    Name                Cost           Self  Sub & Prime      OH (G&A)        Cost
                    (if Applicable)     To Prime       Cost  Job Cost         Profit/Bond
======================================================================================================


1. Earthwork,             ________      ________       _____ __________       __________      ________
storm drainage, walks, etc.

2. Paving (Incl.         ________       ________       _____ __________       __________      ________
Base Course,
Surface Course, Curb/Cutter

3. Site Utilities          ________     ________       _____ __________       __________      ________
(Incl. water, sewer)

4. Exterior Electrical     ________     ________       _____ __________       __________      ________

5. Landscaping             ________     ________       _____ __________       __________      ________




           Page 172 o f 516
           Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Bid Item No. 6. (CONTINUED)               Sitework -
======================================================================================================
Work Category      Key Subcontractor      Subcontr.      Prime Subtotal.        Prime           Total
                   Name                   Cost           Self  Sub & Prime      OH (G&A)        Cost
                   (if Applicable)        To Prime       Cost  Job Cost         Profit/Bond
======================================================================================================


6. Ext.                   ________        ________       _____ __________       __________      ________
Communications

7. Irrigation             ________        ________       _____ __________       __________      ________
system

8. All Other                              ________       _____ __________       __________      ________
(Incl. Job OH)
======================================================================================================

Bid Item Totals                           ________       _____ __________       __________      ________
======================================================================================================




Contract Totals                           ________       _____ __________       __________      ________

            ======================================================================================================




           Page 173 o f 516
       Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      SPECIFIC PERSONNEL
                                            DESIGN

Provide information, listed below, on separate sheets showing qualifications of: Project Manager,
Project Architect, Landscape Architect, Food Service Consultant, Interior Designer, Civil
Engineer (AL Registered), Structural Engineer, Mechanical Engineer, Plumbing Engineer,
Electrical Engineer, Fire Protection Engineer, Electronics Engineer, Design Quality Control
Manager. Use continuation sheets, if needed.

a.     Your Name and Title         ____________________________________________

b.     Your Assignment on this Project ________________________________________

c.     Name of Your Firm __________________________________________________

d.     No. of Years: With this Firm       __________ With other Firms _______________

e.     Education: Degree(s)/Year/Specialization ________________________________

f.     Active Registration: No. __________, State(s) ___________, Year ____________

g.     Your Specific Experience and Qualifications Relevant to this Project ___________

_______________________________________________________________________




_______________________________________________________________________




       Page 174 o f 516
       Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                SPECIFIC PERSONNEL
                                       CONSTRUCTION

Provide information, listed below, on separate sheets showing qualifications of: Project Manager,
Site Supervisor, Quality Control Manager, Superintendent, Subcontracts Manager, and Project
Scheduler. Use continuation sheets, if needed.


a.     Your Name and Title         ____________________________________________

b.     Your Assignment on this Project ________________________________________

c.     Name of Your Firm __________________________________________________

d.     No. of Years: With this Firm       __________ With other Firms _______________

e.     Education: Degree(s)/Year/Specialization ________________________________

f.     Active Registration: No. __________, State(s) ___________, Year ____________

g.     Your Specific Experience and Qualifications Relevant to this Project ___________

_______________________________________________________________________




_______________________________________________________________________




       Page 175 o f 516
        Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                     COMPANY SPECIALIZED EXPERIENCE
                                          DESIGN FIRM

Provide information showing examples of designs your company has performed, within the last 5 years
preceding the proposal due date, which indicate experience with projects of similar type and scope. Use
separate sheets.


a.      Your Firm's Name ___________________________________________________

b.      Name of Project _____________________________________________________

c.      Location of Project ___________________________________________________

d.      Owner ____________________________________________________________

e.      General Scope of Construction Project ___________________________________

f.      Summary of Your Role in Design of this Project ____________________________

g.      Estimated Construction Cost __________________________________________

h.      Extent and Type of Design Work You Subcontracted ________________________

_______________________________________________________________________

i.      Dates Design: Began ___________, Completed:       _________________

j.      Dates Construction: Began    __________, Ended:          _________________

k.      Your Performance Evaluation by Owner (if Formal Evaluation) ________________

l.      Owner's Point of contact (POC) for reference (Name and Company) ____________

_______________________________________________________________________

m.      Telephone number of POC for reference             ____________________________




        Page 176 o f 516
        Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                      COMPANY SPECIALIZED EXPERIENCE
                            CONSTRUCTION PRIME CONTRACTOR

Provide the following information to show examples of projects your company constructed, within the last 3
years preceding the proposal due date, indicating experience with projects of similar type and scope. Use
separate sheets.

a.      Your Firm's Name ___________________________________________________

b.      Name of Project _____________________________________________________

c.      Location of Project ___________________________________________________

d.      Owner ____________________________________________________________

e.      General Scope of Construction Project ___________________________________

f.      Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company

Self-Performed __________________________________________________


_______________________________________________________________________

g.      Construction Cost     __________________________________________________

h.      Extent and Type of Construction Work You Subcontracted Out          ____________


_______________________________________________________________________

i.      Dates Construction: Began            ____________          Ended:        ____________

j.      Your Performance Evaluation by Owner (if Formal Evaluation)         ____________

k.      Were You Terminated or Assessed Liquidated Damages? (If Either is "Yes," Attach

Explanation) _____________________________________________________________

I.      Owner's Point of Contact for Reference (Name and Company) ________________

        __________________________________________________________________

m.      Telephone Number of Reference POC           __________________________________




        Page 177 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


              COMPANY SPECIALIZED EXPERIENCE
     KEY SUBCONTRACTOR OR PRIME, IF NOT TO BE SUBCONTRACTED)
Provide the following information to show examples of projects your company constructed within the
last 3 years. Use separate sheets for each project.

a.      Your Firm's Name ___________________________________________________

b.      Project Name/Location of Project _______________________________________

c.      Owner ____________________________________________________________

d.      General Scope of Construction Project ___________________________________


e.      Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company

        Self-Performed       __________________________________________________



_______________________________________________________________________

f.      Your Subcontract Amount _____________________________________________

g.      Detailed description of Work ___________________________________________


h.      What Work Did You Subcontract Out?         __________________________________


i.      Dates your Subcontract Work Began __________Completed:           ____________

j.      Your Performance Evaluation by Owner/Prime (if Formal Evaluation)        _______

k.      Were You Terminated or Assessed Liquidated Damages? (If Either is "Yes," Attach

Explanation) _____________________________________________________________

l.      Name and Company Point of Contact for Reference (if you were a Subcontractor, also list
the firm you were hired by) ___________________________________________
_______________________________________________________________________

m.      Telephone Numbers of References _________________________________




Page 178 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


FORMAT FOR CALCULATION OF SELF- PERFORMED WORK
                              DESIGN-BUILD CONTRACTS

               For all Contracts, except 8(a) or Small Business Set-Aside

Use a format similar to the following to identify and calculate cost of the work to be self-performed.
Refer to the definitions pertaining to "Self-performance of work," "On the site," and "Total amount of
work to be performed under the contract." Include this information in the envelope for Volume II (Pro
Forma Requirements), if undetermined until the specified deadline for proposal submission. Otherwise
include it in Volume I (Performance Capability) in TAB A:

A.     Clearly describe the work to be self-performed: ____________________________
       __________________________________________________________________
       __________________________________________________________________
       __________________________________________________________________

B.     Show calculation of self-proposed work:

       B.1 Total Bid Price:                                                         $___________

       B.2 Subcontract Design Cost:                                                 $___________

       B.3 Subcontract G&A, home office overhead,                                   $___________
       prime contractor's markups for profit,
       bond, state use tax, etc.

       B.4 Remainder is "Total amount of work                                   =$___________
       to be performed under the Contract"

       B.5 "Work to be self-performed":                                   =$___________
       (Includes mobilization and utilization of owned or rented
       plant and equipment to be operated by the prime contractor's
       own employees; only those materials that will be both purchased
       and installed by the prime's own forces; labor associated
       with those aforementioned materials or equipment; only those
       supplies to directly support work performed by the contractor's own
       employees; and the contractor's own job overhead costs.)

       B.6 % Self-performed Work - Line B.5/Line B.4 X 100%                        =$___________

(NOTE TO SPECIFIER: 8(a) and Small Business Set-Asides utilize the Contract Clause
52.219-14 “Limitation on Subcontracting”. The percentage of required self-performed work
and calculation are different than for unrestricted contracts. Contact Joel Hoffman for
sample language and calculation form.)




Page 179 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                        EXHIBIT 4

     SAMPLE PROPOSAL SUBMISSION REQUIREMENTS FOR A
             MILITARY FAMILY HOUSING PROJECT
              [This version of Section 00110 is for a one step solicitation]

Note To Students: This is a sample for a specific project, meant to emphasize the teaching
points in this course. For overall guidance on family housing, see "Technical Instruction TI 800-
02, Army Family Housing," HQUSACE, Washington DC. This is a project with "Nominal" design
criteria.

1.     NOTICES TO OFFERORS

1.1   Incurring Costs: The Government is not liable for any costs incurred by the offeror
submitting an offer in response to this solicitation.

1.2    Inquiries: Address any inquiries regarding this Request for Proposal to:

U.S. Army Corps of Engineers, Mobile District
Attn: Mr. Ronald J. Kalifeh
Post Office Box 2288
Mobile, Alabama 36628-0001

or faxed (telecopied) to Mr. Ron Kalifeh at (334) 690-2424. Refer any inquiries, for which oral
explanation or information relative to the plans and technical provisions will suffice, to Mr
Kalifeh at (334) 690-3738. Do not make Collect telephone calls.

1.3 Small Business Size Standards: The National American Industry Classification
System (NAICS) Codes, as set forth in the Federal Acquisition Regulation (FAR) 19, for this
procurement are 23321/23322. For the purpose of this procurement, a small business
concern is defined as: a concern whose annual receipts do not exceed $ _________.

1.4 Administrative Notice to Offerors: BEFORE SIGNING AND SUBMITTING THIS
PROPOSAL, PLEASE TAKE NOTE OF THE FOLLOWING ADMINISTRATIVE DETAILS, AS
FAILURE TO PROPERLY PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR
PROPOSAL TO BE REJECTED:

1.4.1 Amendments: Have you acknowledged receipt of ALL solicitation amendments? If in
doubt as to the number of amendments issued, please contact the Contracting Office.

1.4.2 Sealed Offers: Mark sealed envelopes containing offers to show the offeror's name
and address, the solicitation number, amendments received and the date and time offers are
due.




Page 180 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


1.4.3 Amended Proposal Pages: If any of the amendments furnished amended proposal
pages, use the amended proposal pages in submitting your proposal.

1.4.4 Late Proposals: In order for a late proposal to be considered, it must have been
dispatched in accordance with the provisions of FAR 52.215.10, "Late Submissions,
Modifications, and Withdrawals of Proposals."

1.4.5 Proposal Guarantee: Furnish sufficient proposal guarantee in proper form with your
proposal.

1.4.6 Mistake in Proposal: Have your reviewed your proposal for possible errors in
calculations or work left out?"

1.4.7 Telegraphic Modifications: If you modify your proposal by telegram, be sure to allow
sufficient time for the telegram to reach the contracting office prior to the time set for receipt
of proposals. Any doubt should be resolved in favor of allowing EXTRA TIME.

1.4.8 Modifications to Proposal Transmitted by Fax: Not allowed in this Solicitation.

2.     PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.1    General. Inasmuch as the quality proposal will describe the capability of the offeror to
perform any resultant contract, it should be specific and complete in every detail. The
proposal should be prepared simply and economically, providing straightforward, concise
delineation of capabilities to perform satisfactorily the contract being sought. The proposal
should therefore be practical, legible, clear and coherent.

2.2    Format of Non-Cost, Quality Proposals. In order that the evaluation may be
accomplished strictly on the merit of the material submitted, no dollar amounts for the
proposed work are to be included in the quality proposal. In order that the quality evaluation
may be accomplished efficiently, the quality evaluation criteria listed below in this section are
to be addressed in order. If supplemental information relative to the criteria is included in
another part of the quality proposal, its location must be identified. WARNING: The proposals
are evaluated in direct correspondence to the quality evaluation criteria, which are included in
Section 00120. It is in the best interest of the offerors to format the proposal in the order of
the quality evaluation criteria, using tabs, as prescribed. If the offeror fails to provide
information relating to the criteria or locates the information in another part of the proposal
without providing any cross references, the offeror runs the risk of having their proposal
receive a lower evaluation by the Government evaluators who were not able to locate the
appropriate information.

2.3    The non-cost, quality portion of the proposal shall contain:

2.3.1 Title Page, including the title of the solicitation, solicitation number, [offeror number, if
required, or name], and date of the submittal.




Page 181 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

2.3.2 Table of Contents, including a list of tables, drawings, maps or exhibits. Include the
complete T.O.C. in each binder.

2.3.3 Compliance Statement: The offeror is required to certify that all items submitted in the
non-cost, quality proposal comply with the RFP requirements and any differences, deviations
or exceptions must be stated and explained. Offerors are required to complete the statement
and submit it with their proposal. Even if there are no differences, deviations or exceptions,
the offeror must submit the Compliance Statement and state that none exist.

Statement of Compliance:

This proposer hereby certifies that all items submitted in this proposal and final design
documents (after contract award) comply with the solicitation requirements. The criteria
specified in Solicitation No. [Insert Solicitation Number] are binding contract criteria and in
case of any conflict after award, between [Insert Solicitation Number] and the contractor's
proposal, the solicitation criteria shall govern unless there is a written and signed agreement
between the contractor and the Government waiving a specific requirement. Should this
proposal result in the award of a contract, this statement will be included on each sheet of
drawings and on the cover of the specifications.

2.3.4 Exceptions to the contractual terms and conditions of the solicitation (e.g., standard
company terms and conditions) must not be included in the proposal.

2.3.5 The non-cost, quality proposal shall not include any cost information. The quality and
cost proposals shall be submitted as separate documents.

3.     PROPOSAL REQUIREMENTS

3.1    Who May Submit.

3.1.1 Proposals may be submitted by: firms formally organized as design/build entities, or by
design firms and construction contractors that have associated specifically for this project. In
the latter case, a single design firm 'or construction contractor may offer more than one
proposal by entering into more than one such association. For the purpose of this solicitation,
no distinction is made between formally organized design/build entities and project-specific
design/build associations. Both are referred to as the design/build offeror, (or simply
"offeror"), or the design/build contractor, (or simply "Contractor"), after award of a contract.

3.1.2 Any legally organized offeror may submit a proposal, provided that the offeror, or
offeror's subcontractor, has on its permanent staff professional architects and engineers
registered in the appropriate technical disciplines and provided that the requirements
specified in the solicitation are met. All designs must be accomplished under the direct
supervision of appropriately licensed professionals.

3.2 General Requirements.




Page 182 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

3.2.1 In order to effectively and equitably evaluate all proposals, the Contracting Officer
must receive information sufficiently detailed to clearly indicate the materials, equipment,
methods, functions, and schedules proposed.

3.2.2 In addition to the design documents addressed below, proposals must contain financial
terms and schedules for design and construction, a management plan, background
information regarding the offerors' qualifications, and the representations and certifications.
Specific requirements are described below.

3.3    Size of Printed Matter Submissions.

3.3.1 Written materials: Size A4 [or 8-1/2" x 11 "] format.

3.3.2 Drawing Sheets: Use Size A1 [approximately 24" x 36"] for full size drawings that are
not intended for reduction to half size sets. Half size sheets size A2 [approximately 16" x 23"]
are also acceptable.

3.4   Where to Submit. Offerors shall submit their proposal packages to the [USACE
Design District] at the address shown in Block 8 of Standard Form 1442.

3.5 Submission Deadline. Proposals shall be received by the [USACE Design District] no
later than the time and date specified in Block 13 of Standard Form 1442.

3.6 Proposal Requirements and Submission Format. Proposals shall include three
separate volumes of information as follows:

3.6.1 Volume I - Offeror Performance Capability. Submit this information in a separate
three-ring binder labeled "Volume I - Offeror Performance Capability." This category consists
of the Management Plan and other information pertaining to the offeror's qualifications,
including company personnel and company performance experience. Provide original and
three copies.

3.6.2 Volume II - Design-Technical. Submit this information in separate three-ring
binders labeled "Volume II - Design-Technical Information." This category consists of design
documents, drawings, calculations, specifications, catalog cuts, and other information. Design
Technical materials shall also include a spreadsheet or tabular listing of the Evaluation
Factors for Technical Proposals included in Section 0 120 and identify where in the proposal
materials that specific item is addressed. Provide six (6) copies of the drawings (size A1); or
six (6) copies of half size drawings (size A2) with a minimum of one full size set; 1 set of color
boards; and six (6) copies of catalog cuts and other technical data. The drawings shall be
bound.

3.6.3 Volume III - Pro Forma Requirements. Submit this information in an envelope
labeled "Volume III - Pro Forma Requirements." This category consists of representations
and certifications, subcontracting plan, proposal bonds, completed Standard Form 1442, and
schedule of proposed prices. Provide original and one copy.




Page 183 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



3.6.4 Table of Contents. The proposals shall contain a detailed table of contents. Include
the complete table of contents in each separate binder. Do not submit any materials
submitted but not required by this solicitation, as it will not be evaluated.

3.7    VOLUME I - OFFEROR PERFORMANCE CAPABILITY.

Submit this information in a separate three ring binder, entitled “Volume I - Offeror
Performance Capability”. Offerors' qualifications will be evaluated as part of this one-step
competitive negotiation procurement process. Offerors shall submit the following as part of
their proposals. Separately tab each section of Volume I, as described below.

3.7.1 TAB A - Project Examples. Provide examples (preferably at least three) of projects
for which the offeror has been responsible. The examples should be as similar as possible to
this solicitation in project type and scope. Provide references (with contract names and
telephone numbers) for all examples cited. Each example shall indicate the general
character, scope, location, cost, and date of completion of the project. If the offeror
represents the combining of two or more companies for the purpose of this RFP, each
company shall list project examples. In addition, If applicable, provide examples of design-
build projects for which any or all of the teaming firms have experience in, either individually
or as a team. Use the formats in Attachment 1.

[Optional – Past Performance Questionnaire for Districts which use a mailed out past
performance evaluation questionnaire. Otherwise, the evaluators may contact the
references provided by the offeror, above.]

3.7.1.1 TAB B - Offeror Past Performance Information. Attachment 1.1 is a Past
Performance Evaluation Questionnaire. The offeror shall identify the three in-progress or
completed projects to be used for reference and evaluation purposes. Provide a
questionnaire to the Point of Contact for each project listed for completion.              When
completed, these forms shall be [mailed] [faxed] [e-mailed] to the [USACE Design District]
Contract Specialist identified in the sample transmittal letter provided. Failure of a reference
verification to arrive at the [USACE Design District] within the identified time period shall
adversely affect the overall rating received. It is the contractor’s responsibility to ensure that
the reference documentation is provided, the Government WILL NOT make additional
requests for past performance information or references. Copies of the evaluation form
SHALL NOT be provided to the Offeror from the reference. Projects from which
questionnaires are received shall have been completed within three years of the date of the
solicitation.]

3.7.2 TAB C - Key Personnel. Provide the names, resumes, and levels of responsibility of
the principal managers and technical personnel who will be directly responsible for the day-
to-day design and construction activities. Include, as a minimum, the project manager; the
project architect; the engineers responsible for civil, electrical, mechanical and structural
design; the quality control manager; and the construction manager. Indicate whether each
individual has had a significant part in any of the project examples cited. If reassignment of




Page 184 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

personnel is considered possible, provide the names and resumes of the alternative
professionals in each assignment. Use the formats in Attachment 2.

3.7.3 TABS D through H - Management Plan. The offeror shall provide a Management
Plan. This is an overall plan showing how the offeror will approach the design and
construction of the project and how it will control the job. The term "management plan" is
defined as a plan that includes the following sub-plans:

      TAB D - Technical Approach Plan

      TAB E - Quality Control Plan

      TAB F - Design and Construction Schedule

      TAB G - Contract Closeout Plan.

      TAB H - Self-Performed Work Plan

3.7.3.1 TAB D - Technical Approach Plan. Describe in general terms how the Offeror will
approach the design and construction of these facilities. Describe the corporate
organization(s) teamed for the project, identifying the constructor, the design entity(s), and
key trade firms for electrical and mechanical work, if selected. The narrative should include
considerations of “Fast Track” construction whereby preliminary site construction activities
can begin prior to 100% completion of the design documents. Address the roles and
responsibilities of the various sub-contractors for both design and construction. Include in
the narrative the offeror’s proposed processes for handling field problems and assuring
Designer of Record involvement throughout the construction period. Limit the Technical
Approach Narrative to a maximum of five (5) typewritten pages.

3.7.3.2 TAB E - The Quality Control Plan is part of the Management Plan. The alliance of
the project designer and builder on a project such as this naturally removes one commonly
used method of quality control; that is, the usual reliance on the owner or the design
consultant for monitoring construction quality. Although the Government will provide an on-
site representative during construction, offerors are expected to develop a formal program of
monitoring to ensure a high level of design and construction quality. Offerors shall submit
Quality Control Plans that respond to the minimum requirements of Technical Specifications
Section 01451 (furnished with this RFP package) entitled "Contractor Quality Control Design-
Build." The offeror's program shall have the following characteristics:

                   CONTRACTOR QUALITY CONTROL REQUIREMENTS

      A clear identification of the personnel responsible for quality control and a clear policy
       establishing their authority. The quality control group shall be separate
       and apart from (not the same) the people that are doing the construction. This
       quality control group shall report to the Contractor's management at a level no
       lower than a vice president of the company.




Page 185 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



      A specific description of the tasks and functions of the quality control personnel.

      A specific policy establishing schedules for the performance of quality control
       tasks.

      A policy for reporting quality control findings to the Contracting Officer.

      A procedure whereby the Contracting Officer may resolve disputes that have not
       received satisfactory responses from the first levels of quality control personnel.

      The names of testing laboratories to be used and the procedures for test data
       reporting.

      A plan for material storage and protection.

      The plan for review, evaluation, and Contractor quality control of design submittals,
       prior to Government receipt.

      The plan for review of submittals and extensions to design, in accordance with Section
       01330 Submittals (Design-Build Version). Of particular interest is the role of the
       Designer(s) of Record in the design and construction submittal review process.

      Procedures for involving key subcontractors in the design development

      Procedures for successfully integrating the Design-Builder’s quality control program
       with the Government’s quality assurance program.

3.7.3.3 TAB F - Design and Construction Schedule. Submit a schedule covering all
phases of the project, including a clear identification of all fast track activities. Also submit a
rationale explaining how the schedules will be achieved. The schedule for construction shall
be task oriented, indicating dates by which milestones are to be achieved. The offeror may
use a critical path or other method of his/her choice; however, the schedules shall be
graphically represented. The offeror may propose a contract completion period in the
Contract Line Item Schedule that is shorter than the maximum number of days prescribed in
the contract clause Commencement, Prosecution and Completion of Work . The proposed
project schedule should reflect that period as the contract duration.

3.7.3.4 TAB G -Closeout Plan: Furnish a Closeout Plan in a brief structured time scale
schedule reflecting the planned activities during the final 90 days of the contract activity.
Address the following items in the Closeout Plan:


                                      CLOSEOUT PLAN

      Testing of equipment and systems with schedules and reports.



Page 186 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



      Equipment instruction and training schedules.

      O&M Manuals transfer.

      As-built drawings transfer.

      Transfer procedures and schedules.

      Pre-final inspection procedures and correction of deficiencies.

      Warranty data submission and planned implementation.

      Cleanup of administrative deficiencies.

      Move off site.

3.7.3.4 TAB H - Self-Performed Work Plan: Contract Clause "Performance of Work by the
Contractor" requires that the prime contractor perform a specified minimum percentage of the
project with its own in-house forces.

3.7.3.4.1 Identify what construction parts of the project will be "self-performed" by in-
house forces and the related cost for each part, as defined below. If sufficient information is
available at the time your offer is prepared, state (within this Organization factor narrative) the
percentage of work you will self-perform. If sufficient information is not available during
preparation of this narrative, state that the information is in the Pro-Forma requirements (see
the following paragraph).

3.7.3.4.2 Computation Sheet. Provide and illustrate the calculation for "percent of self-
performed work", in accordance with the definitions below. Use attachment 3, hereinafter to
submit this information.

3.7.3.4.3 Definitions: The following are definitions concerning self-performance of work by
the Prime Contractor, in accordance with Section 00800, "PERFORMANCE OF WORK BY
THE CONTRACTOR."

3.7.3.4.4 "Self-performance of work" generally includes mobilization and utilization of
owned or rented plant and equipment to be operated by the prime contractor's own
employees; only those materials which will be both purchased and installed by the prime's
own forces; labor associated with those aforementioned materials or equipment; only those
supplies to directly support work performed by the contractor's own employees; and the
contractor's own job overhead costs.

3.7.3.4.5 The following is NOT self-performed work for purposes of the clause: Prime
contractor markups for profit, general and administrative overhead, bonds, or other indirect
costs on self-performed or subcontracted work; "Owner-operated equipment", rental of plant



Page 187 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

or equipment for operation by subcontractors; purchase of materials for installation by
subcontractors.

3.7.3.4.6 "On the site" includes the construction site(s) as well as off-site fabrication plant or
other facilities necessary to manufacture assemblies or provide materials to be incorporated
into the construction project.

3.7.3.4.7 "Total amount of work to be performed under the contract" is comprised of all
direct (variable, fixed, one-time and semi-variable) costs to the contractor, including jobsite
overhead costs, to construct the project. It generally includes all self-performed work, as
defined above, and cost of all supplies, materials and subcontracts. It does not include
design costs, home or branch office overhead costs or prime contractor markups for bond,
profit, insurance, etc."

3.7.4 TAB I - Subcontracting Plan: A Large Business offeror must submit a subcontracting
plan in accordance with Contract Clauses 52.219-8 and 52.219-9, and AFARS 19.705. In
addition, include at least three (3) years of past performance reports that reflect realistic and
challenging goals and rate of achievement. For guidance in preparing an acceptable plan
refer to the Army’s Subcontracting Plan Evaluation Guide (Army Federal Acquisition
Regulation Supplement Appendix CC) at:

“http://acqnet.sarda.army.mil/afar/apcc.htm”

For information in preparing the subcontracting plan the [Design District] required
subcontracting goals are as follows:

[Insert Value]% of planned subcontracting dollars placed with small business concerns.

[Insert Value]% of planned subcontracting dollars placed with small disadvantaged business
concerns.

[Insert Value]% of planned subcontracting dollars placed with women owned small business
concerns.

3.7.5 TAB J - Past Performance in Utilization of Small, Small Disadvantaged, and
Women-Owned Small Business Concerns: All offerors, whether Large or other than Large
Business, must identify past efforts and degree of success in utilization of Small, Small
Disadvantaged, and Women-Owned Small business Concerns for projects ongoing or
completed within the past three (3) years. Large Business offerors shall describe efforts and
success rates in executing Subcontracting Plans on applicable projects. Other than Large
Businesses shall identify their efforts and degree of success in attracting and subcontracting
to such small businesses for projects which contained a clause similar to FAR Clause
52.215-8.

3.8 REQUIRED DATA FOR VOLUME II DESIGN-TECHNICAL PROPOSAL SUBMISSION.




Page 188 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Submit the following technical data as part of the formal proposal. Proposals shall include
graphic description of the design included in the basic proposal clearly indicated as such.
Graphically describe all alternate designs on separate drawings from the basic proposal.
Offerors are advised that the required data listed below will be utilized for technical review
and evaluation and used for determination of a "Quality Rating" by a Technical Evaluation
Team. Materials indicated in the design/construction criteria, but not indicated in the offeror's
specifications, will be assumed to be included and a part of the proposal. Separately tab
each section of Volume I, as described below.

3.8.1 TAB A - Design Drawings. Provide an index of drawings. If required drawings are
common for more than one type of building or dwelling unit, indicate so on the drawing. Do
not provide foundation plans or structural, civil, plumbing, mechanical, or electrical details.
The proposal design drawings shall provide the information as indicated in the following
tables:




Page 189 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                                SITE DESIGN

Drawing Type / Scale              Show This Information:

Area Site
Development Plan                  -Spatial and functional arrangement of all family housing
1:1000 [1"=80']                   requirements
Note1, 2                          -Adjacent land uses and historical or environmental conditions
                                  -Project Boundaries, including delineation between Fiscal Year
                                  construction phases
                                  -Existing Contours
                  `               -Proposed contours at 1 m intervals [3'].
                                  - Drainage and water retention ponds (if utilized)
                                  - Vehicular and pedestrian circulation
                                  - Housing types to Include patios and fencing
                                  - Children's outdoor play areas

Typical Cluster Plans             - Solar orientation of each housing unit or cluster
1:500 [1"=40']                    - Vehicular and pedestrian circulation
Note1, 2                          - Spacing between housing units
                                  - Utilities and utility entrance into housing unit walls
                                  - Children's play lots

Drawing Type / Scale              Show This Information:

Demolition Plan                   -All site amenities, structures, or features to be removed or
1:500 [ 1”=40’]                   retained.

Site Plan                         -Layout for all site requirements. Show "Use Zones" in
1:500 [1"=40']                    children's outdoor play areas.

Typical                           -Botanical/Common Names of plants used, size, and quantity
Landscape Plans                   of trees, shrubs, ground covers, related notes, and planting
1:250 [1"=20']                    details.

Utility Plan                      -All site utility requirements, including provisions for phasing of
1:500                             Fiscal Year packages.
[1”=80’]                          -Site lighting
                                  -Primary cable routing (new and existing)
                                  -Pad-mounted transformers and service laterals
                                  -Cable television and telephone routing.
.
Off-Site Electrical Plan          -Location of primary supply point of take-off
1:5000 [1 "=400']        -Existing electrical lines, both overhead and underground
Scale as required        properly identified.
(If applicable)                   -New construction tie-in to on-site electrical distribution system.

Notes to Government Specifier:
(1)   Dimension all drawings to show building separations, setback, etc.
(2    Metric Scales are preferred, however, inch pound scales may continue to be
used if they enhance competition.




Page 190 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                                  HOUSING UNIT DESIGN

Drawing Type / Scale        Show This Information:

Floor Plans                 -Overall dimensions.
1:50 [1/4"= 1'-0"]          - Room description with dimensions and areas.
(For each dwelling          - Appliances (including occupant-owned washer and dryer).
 unit type)                 - Plumbing fixtures and vanities.
                            - Kitchen layout.
                            -Door swings.
                            -Garage features.
                            -Patio.
                            -Exterior bulk storage.
                            -Service (trash) area.
                            -Furnace and hot water heater location.
                            -Calculated gross and net floor areas.

Typical Exterior            - Show all sides.
Elevations
1:50 114"=1'-0"

Details                     - Special Features
Scale as required.

Finish Schedule             -All rooms
.

Note to Specifier: Metric Scales are preferred, however, inch pound scales may
continue to be used if they enhance competition.

3.8.2 TAB B - Specifications. Complete Attachment No. 4, "Outline Specifications",
indicating the quality of materials, construction, finishes, fixtures, and equipment for the
applicable items. Special attention should be given to the identification and specification of
energy conservation features included in the proposal, particularly those which exceed the
minimum requirements of the Statement of Work. Submit as part of the Design-Technical
Information.

3.8.3 TAB C - Equipment Schedule. Equipment schedule shall indicate type of equipment,
size or capacities, manufacturer, and model number. Furnish manufacturer's catalog data on
equipment and fixtures for all features of the housing unit, this shall include appliances,
electrical equipment and lighting, mechanical heating and cooling equipment, domestic water
system equipment, as well as catalog information on the finishes and architectural specialties
and exterior finish materials. Originals of manufacturer's catalog should be submitted in lieu
of reproducibles to ensure legible data. Submit as part of the Design-Technical Information.

3.8.4 TAB D - Color Boards. Coordinated interior and exterior color schemes. Three
schemes are required. For proposal evaluation provide one copy of each scheme complete
with samples and/or chips of the colors, materials, textures, and finishes.




Page 191 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


3.8.5 TAB E - Life Safety Analysis The proposal shall include a Life Safety Analysis which
clearly demonstrates that the proposal meets or exceeds all requirements of the Statement of
Work and reference standards with respect to Life Safety and Fire Protection.

3.8.6 TAB F - Calculations Required. Net area and other calculations are required for
evaluation purposes. Net area is a factor evaluated for technical quality. Other calculations
are also required in the statement of work. Use the format provided in Attachment 5, Format
for Required Calculations.

3.8.7 TAB G - Evaluation Factors/Proposal Contents Listing. A spreadsheet or table
consisting of all the evaluation categories and sub-categories listed in Section 0120 for
technical proposal evaluation and specific reference to where in the proposal documents
those requirements are addressed or indicated.

3.9    VOLUME III - PRO FORMA REQUIREMENTS:

Submit this information in an envelope labeled "Volume III - Pro Forma Requirements." This
category consists of representations and certifications, proposal bonds, completed Standard
Form 1442, pre-award information required by Section XXXX, Paragraph XX (except submit
the subcontracting plan in Volume I - Offeror's performance Capability) and schedule of
proposed prices. Provide original and one (1) copy. The Government reserves the right to
request price breakdown information, if necessary, to evaluate price reasonableness. If
requested, this information will not be needed sooner than at least three (3) working days
after the proposal submission.

3.10 Incomplete Proposals: Failure to submit all the data required by this section will be
cause for determining the proposal to be non-conforming to the RFP therefore unacceptable
for award.




Page 192 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                        ATTACHMENT 1

                   COMPANY SPECIALIZED EXPERIENCE
                                        DESIGN FIRM

Provide information showing examples of designs your company has performed, within the last 5 years
preceding the proposal due date, which indicate experience with projects of similar type and scope.
Use separate sheets.


a.     Your Firm's Name ___________________________________________________

b.     Name of Project _____________________________________________________

c.     Location of Project ___________________________________________________

d.     Owner ____________________________________________________________

e.     General Scope of Construction Project ___________________________________

f.     Summary of Your Role in Design of this Project ____________________________

g.     Estimated Construction Cost __________________________________________

h.     Extent and Type of Design Work You Subcontracted ________________________

_______________________________________________________________________

i.     Dates Design: Began ___________, Completed:         _________________

j.     Dates Construction: Began     __________, Ended:            _________________

k.     Your Performance Evaluation by Owner (if Formal Evaluation) ________________

l.     Owner's Point of contact (POC) for reference (Name and Company) ____________

_______________________________________________________________________

m.     Telephone number of POC for reference               ____________________________

n.     Attach a narrative, describing the Firm’s Qualifications and Experience in Sustainable
Design and Development, as described in the US Building Council’s Reference Guide.




                   COMPANY SPECIALIZED EXPERIENCE
                      CONSTRUCTION PRIME CONTRACTOR



Page 193 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Provide the following information to show examples of projects your company constructed,
within the last 3 years preceding the proposal due date, indicating experience with projects of
similar type and scope. Use separate sheets.

a.     Your Firm's Name ___________________________________________________

b.     Name of Project _____________________________________________________

c.     Location of Project ___________________________________________________

d.     Owner ____________________________________________________________

e.     General Scope of Construction Project ___________________________________

f.     Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company

       Self-Performed       __________________________________________________


_______________________________________________________________________

g.     Construction Cost    __________________________________________________

h.     Extent and Type of Construction Work You Subcontracted Out        ____________


_______________________________________________________________________

i.     Dates Construction: Began          ____________          Ended:        ____________

j.     Your Performance Evaluation by Owner (if Formal Evaluation)       ____________

k.     Were You Terminated or Assessed Liquidated Damages? (If Either is "Yes," Attach

Explanation) _____________________________________________________________

I.     Owner's Point of Contact for Reference (Name and Company) ________________

_______________________________________________________________________

m.     Telephone Number of Reference POC         __________________________________




Page 194 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                   COMPANY SPECIALIZED EXPERIENCE
     KEY SUBCONTRACTOR OR PRIME, IF NOT TO BE SUBCONTRACTED)

Provide the following information to show examples of projects your company constructed
within the last 3 years. Use separate sheets for each project.

a.      Your Firm's Name ___________________________________________________

b.      Project Name/Location of Project _______________________________________

c.      Owner ____________________________________________________________

d.      General Scope of Construction Project ___________________________________



e.      Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company

        Self-Performed       __________________________________________________



_______________________________________________________________________

f.      Your Subcontract Amount _____________________________________________

g.      Detailed description of Work ___________________________________________


h.      What Work Did You Subcontract Out?         __________________________________


i.      Dates your Subcontract Work Began __________Completed:          ____________

j.      Your Performance Evaluation by Owner/Prime (if Formal Evaluation)       _______

k.      Were You Terminated or Assessed Liquidated Damages? (If Either is "Yes," Attach

Explanation) _____________________________________________________________

l.      Name and Company Point of Contact for Reference (if you were a Subcontractor, also list
the firm you were hired by) ___________________________________________
_______________________________________________________________________

m.      Telephone Numbers of References _________________________________




Page 195 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                  ATTACHMENT 1.1
                          SAMPLE TRANSMITTAL LETTER AND
                   PAST PERFORMANCE EVALUATION QUESTIONNAIRE

(OPTIONAL FORM IF YOUR DISTRICT USES A FORM FOR REFERENCES TO
COMPLETE AND MAIL IN )

Date: _________________

To: ______________________________________
_________________________________________
_________________________________________

    We have listed your firm as a reference for work we have performed for you as listed below. Our
    firm has submitted a proposal under a project advertised by the U.S. Army Corps of Engineers,
    [DESIGN} City District. In accordance with Federal Acquisition Regulations (FAR), the Corps of
    Engineers will complete an evaluation of our firm's past performance. Your candid response to the
    attached questionnaire will assist the evaluation team in this process.

       We understand that you have a busy schedule and your participation in this evaluation
is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as
possible. Space is provided for comments. Understand that while the responses to this
questionnaire may be released to the offeror, FAR 15.306 (e)(4) prohibits the release of the
names of the persons providing the responses. Complete confidentiality will be maintained.
Furthermore, a questionnaire has also been sent to ____________________ of your
organization. Only one response from each office is required. If at all possible, we suggest
that you individually answer this questionnaire and then coordinate your responses with that
of ________________________, to forge
a consensus on one overall response from your organization.

Please send your completed questionnaire to the following address:

       U.S. Army Engineer District, {________]
       ATTN:
       ADDRESS


The questionnaires can also be faxed to [Design District Contract Specialist]
If you have questions regarding the attached questionnaire, or require assistance, please
contact [Design District Contract Specialist] at [Phone Number]. Thank you for your
assistance.




Page 196 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




               PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Upon completion of this form, please send directly to the U.S. Army Corps of
Engineers in the enclosed addressed envelope or fax [or e-mail] to [FAX NUMBER],
ATTN: [Contract Specialist]. Do not return this form to our offices. Thank you.

1. Contractor/Name & Address (City and State):



2. Type of Contract: Fixed Price ________ Cost Reimbursement ________
             Other (Specify) ________________________________


3. Title of Project/Contract Number:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

4. Description of Work: (Attach additional pages as necessary)




5. Complexity of Work: High ________ Mid _________ Routine __________

6. Location of Work:______________________________________________

7. Date of Award: ________________________

8. Status:    Active _________ (provide percent complete)
              Complete __________ (provide completion date)



9. Name, address and telephone number of Owner’s Technical
Representative:




Page 197 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



QUALITY OF PRODUCT/SERVICE:

10. Evaluate the contractor's performance in complying with contract requirements,
quality achieved and overall technical expertise demonstrated.


      Excellent Quality

      Above Average Quality

      Average Quality

      Below Average Quality

      Unsuccessful or Experienced Significant
      Quality Problems


Remarks: _________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

11. To what extent were the contractor’s reports and documentation accurate, complete and
submitted in a timely manner?


      Excellent Quality

      Above Average Quality

      Average Quality

      Below Average Quality

      Unsuccessful or Experienced Significant
      Quality Problems


Remarks: ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 198 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


12. To what extent was the contractor able to solve contract performance problems without
extensive guidance from Owner counterparts?


      Excellent

      Above Average

      Average

      Below Average

      Unsuccessful

Remarks: ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

13. How well did the contractor manage and coordinate subcontractors, suppliers, and the labor
force?


      Excellent

      Above Average

      Average

      Below Average

      Unsuccessful

Remarks:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 199 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


CUSTOMER SATISFACTION:

14. To what extent were the end users satisfied with:


                                                 Quality?     Cost?        Schedule?
  Exceptionally Satisfied
  Highly Satisfied
  Satisfied
  Somewhat Dissatisfied
  Highly Dissatisfied

Remarks:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

15. If given the opportunity, would you work with this contractor again?

               YES ___________ NO ____________ NOT SURE ____________


TIMELINESS OF PERFORMANCE:

16. To what extent did the contractor meet the task order schedules?

      Completed Substantially Ahead of Schedule
      Completed on Schedule with no Time Delays
      Completed on Schedule with Minor Delays Under Extenuating
      Circumstances
      Experienced Significant Delays without Justification


Remarks: ____________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 200 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



OTHER REMARKS:

23. Use the space below to provide other information related to the contractor's
performance. This may include the contractor's selection and management of
subcontractors, flexibility in dealing with contract challenges, their overall concern
for the Owner’s interest, project awards received, etc.

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 201 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      ATTACHMENT 2


                             SPECIFIC PERSONNEL
                                          DESIGN


Provide information, listed below, on separate sheets showing qualifications of: Project
Manager, Project Architect, Landscape Architect, , Civil Engineer (FL Registered),
Structural Engineer, Mechanical Engineer, Plumbing Engineer, Electrical Engineer,
Design Quality Control Manager. Use continuation sheets, if needed.


a.     Your Name and Title ____________________________________________

b.     Your Assignment on this Project ________________________________________

c.     Name of Your Firm    __________________________________________________

d.     No. of Years: With this Firm __________ With other Firms _______________

e.     Education: Degree(s)/Year/Specialization ________________________________

f.     Active Registration: No. __________, State(s) ___________, Year ____________

g.     Your Specific Experience and Qualifications Relevant to this Project ___________

_____________________________________________________________________




_______________________________________________________________________




Page 202 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                             SPECIFIC PERSONNEL
                                    CONSTRUCTION

Provide information, listed below, on separate sheets showing qualifications of: Project
Manager, Site Supervisor, Quality Control Manager, Superintendent, and Project
Scheduler. Use continuation sheets, if needed.

a.     Your Name and Title ____________________________________________

b.     Your Assignment on this Project ________________________________________

c.     Name of Your Firm    __________________________________________________

d.     No. of Years: With this Firm __________ With other Firms _______________

e.     Education: Degree(s)/Year/Specialization ________________________________

f.     Active Registration: No. __________, State(s) ___________, Year ____________

g.     Your Specific Experience and Qualifications Relevant to this Project ___________

_______________________________________________________________________




_______________________________________________________________________




Page 203 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                       ATTACHMENT 3

FORMAT FOR CALCULATION OF SELF- PERFORMED WORK
                              DESIGN-BUILD CONTRACTS
               For all Contracts, except 8(a) or Small Business Set-Aside

Use a format similar to the following to identify and calculate cost of the work to be self-
performed. Refer to the definitions pertaining to "Self-performance of work," "On the site,"
and "Total amount of work to be performed under the contract." Include this information in the
envelope for Volume II (Pro Forma Requirements), if undetermined until the specified
deadline for proposal submission. Otherwise include it in Volume I (Performance Capability)
in TAB A:

A.     Clearly describe the work to be self-performed: ____________________________
       __________________________________________________________________
       __________________________________________________________________
       __________________________________________________________________

B.     Show calculation of self-proposed work:

       B.1 Total Bid Price:                                                       $___________

       B.2 Subcontract Design Cost:                                          $___________

       B.3 Subcontract G&A, home office overhead,                                 $___________
       prime contractor's markups for profit,
       bond, state use tax, etc.

       B.4 Remainder is "Total amount of work                                    =$___________
       to be performed under the Contract"

       B.5 "Work to be self-performed":                                          =$___________
       (Includes mobilization and utilization of owned or rented
       plant and equipment to be operated by the prime contractor's
       own employees; only those materials that will be both purchased
       and installed by the prime's own forces; labor associated
       with those aforementioned materials or equipment; only those
       supplies to directly support work performed by the contractor's own
       employees; and the contractor's own job overhead costs.)

       B.6 % Self-performed Work - Line B.5/Line B.4 X 100%                        =$___________

(NOTE TO SPECIFIER: 8(a) and Small Business Set-Asides utilize the Contract Clause
52.219-14 “Limitation on Subcontracting”. The percentage of required self-performed work
and calculation are different than for unrestricted contracts. Contact Joel Hoffman for
sample language and calculation form.)




Page 204 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                       ATTACHMENT 4

                               OUTLINE SPECIFICATION

Proposal Number:
Project No.:
Project Name:
Date:
Location:

                                        INSTRUCTIONS

Describe all materials and equipment to be used. Include no alternates or equivalents. Show
extent of work and typical details on drawings. Attach additional sheets if necessary to
completely describe the work. The cost estimate will recognize quality products and materials
in excess of acceptable minimums, when specified. Certain parts of the work cannot be put in
their proper classification until more information about their materials and construction are
known; therefore describe, under suitable categories below, the following: main service and
other stairs, treads, risers, handrails, balusters, etc., sound insulation of partitions and floors
separating dwelling units and between dwelling units and public spaces, utility conduits and
tunnels, waterproofing and drainage, utilities, and related insulation; retaining walls; garages
and accessory buildings, and off-site improvements required to serve the project such as
roads, curbs, walks, utilities, storm sewers, and planting.

NOTE: This outline is based on the "Uniform System" for Construction Specifications, Data
Filing, and Cost Accounting developed by AIA, CSI and AGC.


1.     GENERAL REQUIREMENTS:

2.     SITE WORK:

Type of Soil:

Bearing Capacity:

Material and thickness of fill and base course

Demolition: Construction of structures to be demolished and materials to be reused.

Other land improvements.

Storm Drainage: Culverts, pipes, manholes, catch basins, downspout connection (dry well,
splash blocks, storm sewer).




Page 205 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Site Preparation: Tree protection, surgery, wells, walls, topsoil stripping, clearing, grubbing
and rough grading.

Curbs and Gutters: Type and material.

Pavement: Material and thickness of base and wearing surface for drives, parking areas,
streets, alleys, courts, walks, drying yards, and play areas. Steps, handrails, checkwalls.

Equipment for Special Areas and Enclosures: Play equipment, benches, and fences.

Finish Grading: Approximate existing depth and method of improving topsoil. Extent of finish
grading.

Lawns and Planting: Type, size, quantity, and location of lawn, ground cover and hedge
material, trees, shrubs, etc.

3. CONCRETE:

Concrete strength for exterior walls below and above grade, interior walls and partitions,
piers, footings, columns and girders. Size, thickness, and location on drawings. Note portions
having reinforcing steel on drawings. Location, size, and material of footing drains and outlet.

Structural system of concrete floors at basement, other floors, and roof. Thickness of slabs
and strength of concrete. Attached exterior concrete steps and porches. If more than one
type of construction is used, list separately and state locations.

Slab Perimeter Insulation (Materials and Insulation Values):

4. MASONRY:

Material and thickness of exterior walls above and below grade, interior walls and partitions,
fire walls, stair, hall and elevator enclosures, chimneys, incinerators, veneer, sills, copings,
etc.

5. METALS:

Miscellaneous Iron: Material and size of items such as:

Access Doors: Area Gratings: Lintels:

Fire Stairs: Foundation Vents:

Structural Steel: Framing or structural system used.

6. CARPENTRY:




Page 206 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Size, spacing, and grade of lumber to be used for floor, roof, and exterior walls above grade
and interior partition framing, subfloor, sheathing, underlayment and exterior finish materials
(wood siding, shingles, asbestos siding, etc.)

Grade and species for interior and exterior finish work.

7.       MOISTURE PROTECTION:

Materials and method of waterproofing walls and slabs below grade, location, thickness or
number of plies.

Type of permanent protection of waterproofing (parging) if used.

Method of dampprooflng above grade.

Flashing materials if other than sheet metal. Spandrel waterproofing.

Thermal Insulation: Thickness, R-value, and type of material.

Method of Installation

Exterior Walls:

Ceiling Below Roof:

Roof:

Other:

Roofing: Roof covering materials and method of application, weight of shingles, number of
felt plies, bitumen, etc.

Sheet Metal: Material and weight or gauge for flashings, copings, gutters and downspouts,
roof ventilators, scuppers, etc.

Sealants:

Infiltration Barrier:

Housing Unit Tightness Testing: (identify methodology and systems to be utilized for blower
door testing of units:

8.       DOORS, WINDOWS AND GLASS:

Windows and Frames: Type and material. Special construction features or protective
treatment.




Page 207 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Glazing:

U-Value:

Water Penetration Rate:

Air Infiltration Rate:

Operating Force Necessary:

Structural Testing Result:

Doors and Frames:

Exterior: Thickness, material, and type at each location.
Interior: Thickness, material, and type for public halls and stairs, dwelling units (entrance and
interior), boiler rooms, fire doors and other locations.

Finish Hardware:

Material and finish of exterior and interior locksets, sliding and folding door hardware, window
and cabinet hardware, door closers, door knockers, numbers, etc.

Thresholds:

Screens: Type and material of mesh and frames.

9. FINISHES:

Grade, material, and thickness of all finishes

Painting: Type and number of coats.

Exterior:

Wood: Metal: Masonry: Interior:

Walls and Ceilings: Kitchen and Bath: Trim and Millwork:

Tile and Ceramic Bathroom Accessories:

Floor and Wall

Bathroom Accessories: Materials and quantity. Attached:




Page 208 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Recessed:

Resilient Flooring: Location, type, and gauge for all materials.

Other Finish Materials:

Indicate thickness, grade, finish and wainscot height.

LOCATION FLOORS             WALLS         WAINSCOT

a.
b.
c.

10. SPECIALTIES:

List significant Items

Interior partitions other than concrete, masonry, or wood.

Medicine Cabinets: Material, size, and type.

Mailbox Systems.

11. EQUIPMENT: (Appliances are required to be "Energy Star" labeled.)

Refrigerators. Capacity for each size of housing unit

Kitchen Ranges: Size and type for each size of housing unit

Kitchen Cabinets: Material and finish. Wall Units:

Base Units:

Counter Top and Backsplash Material: Other Cabinets and Built-in Storage Units:

Garbage disposal units, dishwashers, clothes washers and dryers.

12. FURNISHINGS:

Blinds: Venetian blinds or other devices for privacy and control of natural light.

13. SPECIAL CONSTRUCTION:

14. CONVEYING SYSTEMS:




Page 209 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Elevators: Attach letter from manufacturer whose elevator installation is proposed, containing
a brief comprehensive specification for the complete elevator installation, and the
manufacturer's statement that the number of elevators proposed and the installation
described will provide adequate service, and that the manufacturer maintains an effective
service- organization in the project locality.

15. MECHANICAL:

Plumbing Fixtures: Material, size, fittings, trim, and color.

Sink:

Shower over Tub: Lavatory:

Stall Shower: Water Closet: Bathtub:

Tub Enclosure: Other:

Piping Systems: Material and fittings

Domestic Water: DWV:

Natural or Propane Gas:

Standpipes:

Interior Downspouts:

Domestic Water Heating: Type, storage capacity, recovery rate, and efficiency rating.

Direct Fired:

Indirect Fired: (Separate boiler or combined with space heating boiler).

Heating:

Kind of System: (Hot water, steam, forced air, etc.)

Fuel Used:

Total Calculated Load:

Equipment: (Make and Model)

Space Heaters: Type, make, model, location, and output of heating systems such as wall
heaters, furnaces, and unit heaters.




Page 210 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Solar Energy:

Application: (Heating and domestic water heating)

System Subsystem System Capacity

Insulation: Type and thickness of insulation on water lines and water heating equipment.

Distribution System:

Insulation: Type and thickness of insulation on heating equipment and distribution system.

Duct:

Pipe:

Duct Tightness Testing: (identify materials and proposed methodologies for duct tightness
testing)

Room Heating Devices: Baseboard units, radiators, convectors, registers, diffusers, etc.

Temperatures Controls: Individual unit, zone, central, etc.

Engineered Ventilation System: Location, capacity, and purpose of ventilating fans.

Air Conditioning: Unitary equipment, self contained or packaged units, or split systems.

Calculated cooling load:

Equipment: Make, model, operating voltage, and capacity for each size serving individual
rooms, dwelling units, or zone.

Central System:

Calculated Load:

Equipment: Make, model, capacity, etc., of compressor, condenser, cooling tower, water
chillers, air handling equipment, and other components that make up the complete system.


Utilities On-Site: Material for distribution system for all piped utilities.

Water Supply: Fire hydrants, yard hydrants, lawn sprinkler systems, and exterior drinking
fountains.




Page 211 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Gas:

Sanitary Sewerage: Treatment plants, pumping stations, and manholes.

16. ELECTRICAL:

Electrical Wiring: Type of wiring and load centers, number of circuits per living unit, individual
living unit metering or project metering, spare conduit for future load requirements, radio or
TV antenna systems.

Show receptacles, light outlets, switches, power outlets, telephone outlets, door bells, fire
alarm systems, etc., on drawings.

Electric Fixtures: Type for various locations.

Electric light standards for lighting grounds, streets, courts, etc. Underground or overhead
service.

All items of construction, equipment and finish, together with all incidentals, which are
essential to the completion of the project will be provided whether or not specifically included
in the proposal and will be of a type, quality and capacity acceptable to US Army Corps of
Engineers standards as outlined in this solicitation and appropriate to the
character of the project.




Page 212 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


ATTACHMENT 5

                   FORMAT FOR REQUIRED CALCULATIONS
                   METRIC (OR ENGLISH, WHEN ALLOWED )

OFFEROR'S IDENTIFICATION NUMBER:

HOUSING UNIT TYPE:

[Note to Specifier: Providing calculations in metric is mandatory. The Design District
may add revise this format to include inch-pound units in addition to the required
metric units.]

1. NET AREA CALCULATIONS: See Table 5-1, SIZE OF HOUSING UNITS BY PAY
GRADE in the Statement of Work for required areas.
     a.    Gross Area: ____________m2 (SF)            (As defined by the AIA)
     b.    Exterior Wall Thickness: _______           _mm (In)
     c.    Interior Area: __________m2 (SF)
           (Area within the inside finishes of exterior or party walls, excluding carport or
           garage.)
     d.    Complete the Spreadsheet below - length/width in mm (In) and area in m2 (SF).

[USACE Design District shall edit this chart as applicable to the specific project. Insert "N/A"
on those spaces which are not part of the project.]
_______________________________________________________________________
Deduct   Space                  Length               Width                     Area
                            Proposed              Proposed              Deduct Non-Deduct

______________________________________________________________________________________
N      Living Room
N      Dining Room2/3 BR
N      Dining Room 4/5 BR
N      Dining Room (GO)
N      Family Room
N      Kitchen
N      Eat-in Kitchen
N      Refer/Freezer
N      W/D
N      Bedroom#1
N      Bedroom#2
N      Bedroom#3
N      Bedroom#4
N      Bedroom#5
N      ½ Bath
N      Full Bath#1
N      Full Bath#1
N      Vestibule


Deduct   Space                  Length               Width                     Area




Page 213 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                                      Proposed              Proposed         Deduct Non-Deduct

______________________________________________________________________________________
Y      Stairwells & Landings
N      Upstairs Hallway
N      Downstairs Hallway
Y      Utility Room
Y      Interior Bulk Storage
Y      Mechanical Room
Y      Unfinished Attic
Y      Unfinished Basement
Y      Accessibility Increases

TOTAL DEDUCTABLE AREAS:
_______________________________________________________________________

Notes on Completing Table:
1.     Room dimensions are exclusive of circulation. Circulation paths along one side of a room are
permitted by add 1000 mm (10’-0”) to the minimum dimension. Note applies to Living, Dining and
Family Rooms only.

2.     Minimum dimensions are taken from face of cabinets to walls. This note applies to kitchens
and eat-in kitchens.

3.     Minimum dimensions shown for washer/dryer are for a W/D closet only. This area may be
provided in a utility room. When so provided, area and dimensions are exclusive of circulation.

4.      When the washer/dryer is included in a utility room, the W/D line shall be completed as N/A.

5.      For hallways and stairs, clear width is measured between railings.
6.      Accessibility increases must conform to UFAS.

        e.      Net Area Determination

                               Proposal:

Interior Area from 1.c   __________
above

Deductable Area from     __________
1.d above


Interior Area, less      __________
Deductable Area
= Proposed Net Area
Show all areas in m2 (SF)




Page 214 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



2.    FORMAT FOR KITCHEN CABINET SIZE VALIDATION: See Table 5-5 - Kitchen
Cabinet, Counter, & Pantry Area in the Statement of Work.

_____________________________________
Element             Proposed Area (m2)
_____________________________________________
Wall Cabinets


Base Cabinets


Drawer Area


Counter Area
(Exclusive of area
occupied by
sink and range.)
_____________________________________________



3.   FORMAT FOR CLOSET SIZE:
___________________________________ _
Element      Proposed AreA (m2)
____________________(SF)_______________        _

Coat/Entry Hall

Master Bedroom #1

Bedroom #2

Bedroom #3

Bedroom #4

Bedroom #5

Broom Closet

Linen Closet

Other
_______________________________________________________________________




Page 215 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




4.         FORMAT FOR BULK STORAGE SIZE.

Element      Proposed Area (m2)
____________________(SF)_______________________

Interior

Exterior
_______________________________________________
Totals



5.   FORMAT FOR PATIO AND BALCONY SIZE:
____________________________________________
Spaces              Proposal
                    Area (m2)    Dimension (mm)
_______________________(SF)__________(SF)_____________

Balconies

Patio - 2 Br

Patio - 3 Br

Patio - 4 Br

Patio - 5 Br




Page 216 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                       EXHIBIT 5

                                      EXAMPLES

 PERFORMANCE CAPABILITY SUBMISSION REQUIREMENTS
Following are sample items to include in the submission requirements. The list is not all-
inclusive. Choose only those that are applicable and important to the specific project. Those
areas suitable for Phase I of a Two-Phase selection procedure are denoted by asterisks"**."

1. ORGANIZATION**

       a. Narrative:

       (1) Identify and describe the organization, including the design firms.

       (2) Home Office Support and Commitment.

       (3) Resources available to take on this work with on-going and planned work.

       (4) Describe Design Organization

       (5) Describe Onsite Design-Construct Management Team.

       (6) Describe Design/Construction Quality Control Team.

       (7) Describe Warranty Support Plan/Organization (Not necessary for Phase I of Two
       Phase).

       (8) Describe Work to be Self-Performed (Not for Phase I of Two Phase).

       (9) Identify Specific Subcontractors for Key Work Items (Not necessary for Phase I
       of Two Phase, unless Phase II will be fairly short period).

       (10) (Overseas Projects, Remote Projects) Describe Mobilization Plan.

       b. Organization Chart for the above described organization.




Page 217 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


2.     SPECIFIC KEY PERSONNEL**

     a. Designers and Designers of Record. (**Limit to the major designers of record
and key project management personnel for Phase 1 of Two Phase, if Phase II is
expected to be an extended process.)

     b. Key Construction Personnel. (**Limit to the major Project Management
personnel for Phase I of Two Phase.)

3. RECENT SPECIALIZED EXPERIENCE/PAST PERFORMANCE RECORD.**

       a. Similar Type Work:

       (1)    Prime Contractor

       (2)    Design Firm(s)       .

       (3)    Key Work Features (Key Subs or Prime if Self-performed).

(**Subs' Identities not required for 1st of Two Phase, unless absolutely necessary.
Otherwise, prime contractor will have little bargaining power, if locked in before the
design is developed for Phase II pricing).

       b. Any Design-Build Experience?

       (1) Previous Experience?

       (a) Constructor

     (b) Key Subs. (** Not required for 1st Phase of Two Phase, unless absolutely
necessary.)

       (c) Designer

      (2) Any Previous Experience as a Team (any combination of constructor, designer,
key subs)?

4. PLANS FOR QUALITY CONTROL (Design and Construction). **

       a. Authorities

       b. Staff Qualifications

       c. Tasks/Functions

       d. Inspection Procedures




Page 218 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



       e. Reporting

       f. Tracking Systems

       g. Design and Submittal Reviews

       h. Design Coordination

       i. Maintenance of As-builts

       j. Completion Inspection

5. PRELIMINARY SCHEDULES. (** with 1st of Two Phase, ONLY If Schedule Will Be
Critical or Major Evaluation Factor.)

       a. Capability (**This could be included in Phase I)

       b. Schedule

       c.   Propose the Contract Duration (**Optional for phase II - Do not include in
       Phase I of II Phase)

6.     FINANCIAL CAPACITY (Large Projects, OCONUS Projects).**

a.     Submit Financial Statements

b.     Balance Sheets

b.     Bonding Capacity

7.     SAFETY RECORD**

8.     SUBCONTRACTING PLAN.

       a.     Plan (>$1,000,000 to Large Business.)

       b.     Past Performance (Ail Offerors, Large or Small.)




Page 219 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                         EXHIBIT 6

                                  FAR SUBPART 36.3

        TWO-PHASE DESIGN-BUILD SELECTION PROCEDURES
36.300 Scope of subpart.
This subpart prescribes policies and procedures for the use of the two-phase design-build
selection procedures authorized by 10 U.S.C. 2305a and 41 U.S.C. 253m. [FAC 90-45, Final
rule, 62 FR 224, 1/2/97, effective 1/1/97]

36.301 Use of two-phase design-build selection procedures.

(a)   During formal or informal acquisition planning (see part 7), if considering the use of
two-phase design-build selection procedures, the contracting officer shall conduct the
evaluation in paragraph (b) of this section.

(b) The two-phase design-build selection procedures shall be used when the contracting
officer determines that this method is appropriate, based on the following:

(1)      Three or more offers are anticipated.

(2)    Design work must be performed by offerors before developing price or cost proposals,
and offerors will incur a substantial amount of expense in preparing offers.

The following criteria have been considered:
The extent to which the project requirements have been adequately defined.

(ii)     The time constraints for delivery of the project.

(iii)    The capability and experience of potential contractors.

(iv)     The suitability of the project for use of the two-phase selection method.

(v)      The capability of the agency to manage the two-phase selection process.

(vi)   Other criteria established by the head of the contracting activity. [FAC 90-45, Final
rule, 62 FR 224, 1/2/97, effective 1/1/97]

36.302 Scope of work.

The agency shall develop, either in-house or by contract, a scope of work that defines the
project and states the Government's requirements. The scope of work may include criteria
and preliminary design, budget parameters, and schedule or delivery requirements. If the




Page 220 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

agency contracts for development of the scope of work, the procedures in subpart 36.6 shall
be used. [FAC 90-45, Final rule, 62 FR 224, 1/2/97, effective 1/1/97]

36.303 Procedures.

One solicitation may be issued covering both phases, or two solicitations may be issued in
sequence. Proposals will be evaluated in Phase One to determine which offerors will submit
proposals for Phase Two. One contract will be awarded using competitive negotiation. [FAC
90-45, Final rule, 62 FR 224,1/2/97, effective 1/1/97]

36.303-1 Phase One.

(a)    Phase One of the solicitation(s) shall include-

(1)    The scope of work;

(2)    The phase-one evaluation factors, including-

(i)    Technical approach (but not detailed design or technical information);

(ii)   Technical qualifications, such as-

(A)    Specialized experience and technical competence;

(B)    Capability to perform;

(C) Past performance of the offeror's team (including the architect-engineer and construction
members); and

(iii)  Other appropriate factors (excluding cost or price related factors, which are not
permitted in Phase One);

(3)    Phase-two evaluation factors (see 36.303-2); and

(4)     A statement of the maximum number of offerors that will be selected to submit phase-
two proposals. The maximum number specified shall not exceed five unless the contracting
officer determines, for that particular solicitation, that a number greater than five is in the
Government's interest and is consistent with the purpose and objectives of two-phase design-
build contracting).

(b)    After evaluating phase-one proposals, the contracting officer shall select the most
highly qualified offerors (not to exceed the maximum number specified in the solicitation in
accordance with 36.303-1(a)(4)) and request that only those offerors submit phase-two
proposals. [FAC 90-45, Final rule, 62 FR 224, 1/2/97, effective 1/1/97, corrected 62 FR
10709, 3/10/97]




Page 221 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

36.303-2 Phase Two.

(a)    Phase Two of the solicitation(s) shall be prepared in accordance with part 15, and
include phase-two evaluation factors, developed in accordance with 15.304. Examples of
potential phase-two technical evaluation factors include design concepts, management
approach, key personnel, and proposed technical solutions.

(b)    Phase Two of the solicitation(s) shall require submission of technical and price
proposals, which shall be evaluated separately, in accordance with part 15. [FAC 90-45, Final
rule, 62 FR 224, 1/2/97, effective 1/1/97; FAC 97-2, 62 FR 51224, 9/30/97, effective
10/10/97]




Page 222 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                        EXHIBIT 7
        TWO PHASE D-B EVALUATION METHOD (FAR 36.3)
     PHASE 1- TECHNICAL APPROACH SUBMISSION INFORMATION

Note: It is normally unnecessary to require offerors to include any Technical (Design)
Approach Information in PHASE I of a two-phase D-B Solicitation. However, there be may be
a situation where the project involves a on-of-a-kind design or prominent architectural or
other feature, where the Government seeks highly innovative design solutions, and wants to
ensure that technical excellence, as well as high qualifications are available for the phase II
competition.

 Following are some example information to consider for Technical Approach proposal
submission in Phase I of a two-phase solicitation. Ask only for the minimum amount of
information necessary the particular solicitation. Only include the prominent project feature(s)
where considerable innovation or flexibility in the design approach Is allowed AND it is
necessary to comparatively evaluate each offeror's "vision" of the design solution. The
remaining design information can be developed for Phase II.

1.     SITE DEVELOPMENT: Develop a conceptual site plan. Show building locations,
orientations, site pedestrian and vehicular circulation, parking areas, roads, and pedestrian
access points (Probably won’t be necessary in Phase I, unless highly unusual or difficult site
 to provide design solution for).

2.      WATER, WASTEWATER, AND ENVIRONMENTAL PROTECTION: (Probably won’t
be necessary in Phase I.) Provide a narrative description and water and sanitary site plan. In
the narrative, define the source of water for potable use and fire protection. Describe any
pretreatment, treatment, and methods of wastewater disposal from the new facility. In the
drawing(s) show all existing water and sanitary sewer lines. Show the new water service lines
for building service and fire flow from point of connection to existing. Show all necessary
valves, hydrants, ground or elevated storage tanks, pump stations, etc. Show the building
connection to the existing sewer system or onsite treatment system. Show new pipe sizes,
manholes, lift stations, force main, septic tanks, oil/water separators, etc.

3.      ARCHITECTURAL: Submit one or more single line schematic floor plans that
effectively indicate to the using agency that the function, circulation and life safety issues
have been assessed and can be met by the proposed design. Provide at least one (specify
more if necessary) major elevation, preferably the front or primary elevation for each building.
The design narrative may be very limited at this stage of the design development. It may be
appropriate to discuss the visionary type architectural approach to be taken for the project.

4.    STRUCTURAL: (Seldom would structural ever be required in Phase I, unless
associated with a particularly complex architectural feature.) Provide a narrative, describing
load and general design criteria and any unusual design conditions.




Page 223 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


5.     MECHANICAL - CENTRAL ENERGY SYSTEMS (Boiler Plants, Air Pollution Control
Equipment, Steam Distribution Systems, Gas Distribution Systems): Provide a narrative,
explaining proposed type of mechanical system, listing the major equipment and rough order-
of-magnitude sizes, describe any demolition required, list any environmental concerns and
actions required to address them.




Page 224 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                        EXHIBIT 8

           SAMPLE TWO PHASE PROPOSAL SUBMISSION
                    REQUIREMENTS FOR A
              MILITARY FAMILY HOUSING PROJECT
     [This version of Section 00110 is for a Two Phase solicitation, and includes
       provisions for payment of a stipend to unsuccessful Phase II Offerors ]

Note To Students: This is a sample for a specific project, meant to emphasize the teaching
points in this course. For overall guidance on family housing, see "Technical Instruction TI 800-
02, Army Family Housing," HQUSACE, Washington DC. This is a project with "Nominal" design
criteria.

1.     NOTICES TO OFFERORS

1.1 General. Inasmuch as the proposal will describe the capability of the offeror to perform
any resultant contract, as well as describe the understanding of the requirement of the
Statement of Work, it should be specific and complete in every detail. The proposal should
be prepared simply and economically, providing straightforward, concise delineation of
capabilities to perform satisfactorily the contract being sought. The proposal should therefore
be practical, legible, clear and coherent.

1.2. Proposal Submissions and the Two (2) Phase Design-Build Process. This process
requires potential contractors to submit their performance and capability information in Phase
1 for review and consideration by the Government. Following the review, evaluation, and
rating of these proposals, the Government will “short list” up to five of the highest rated Phase
1 offerors to receive the technical requirements package and to provide a technical and cost
proposal for consideration by the Government in Phase 2 of the process. In Phase 2, the
Government will evaluate and rate the technical and cost proposals of the five offerors, in
direct response to the evaluation criteria set forth in Section 00120 – PROPOSAL
EVALUATION CRITERIA. The final evaluation rating used for comparison, selection, and
award will reflect both the rating received in Phase 1 and the evaluation rating received in
Phase 2.

[Include the following paragraph, only if the Government will pay a stipend to
unsuccessful Phase 2 offerors:

“1.2.1 Offer of Stipend to Unsuccessful Phase 2 Offerors: The Government will pay a
stipend to those unsuccessful Phase 2 offerors which provided a proposal, essentially in
conformance with the Solicitation requirements. See Section 00120 for details and terms.”

1.2.2 Two Phase Proposal Contents: The proposal submission for this two (2)-phase
procurement consists of the following individual pieces:




Page 225 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


1.2.2.1 PHASE 1 PROPOSAL

         Pro Forma Information – Representations and Certifications, only

         Offeror Performance Capability, consisting of the following information:

             o Offeror Relevant Experience (Example Projects)
             o Offeror Past Performance Information (Completed Projects Customer
               Surveys)

             o Offeror Project Key Personnel

             o Technical Approach Narrative

             o Quality Control Plan

1.2.2.2 PHASE 2 PROPOSAL

         Remainder of Performance Capability, consisting of the following:

          o Design and Construction Schedule

          o Contract Closeout Plan.

          o Self-Performed Work Plan

         Technical-Design Proposal Information

         Pro Forma Information and Completed Price Proposal Information

NOTE: FOR ALL THOSE OFFERORS WHO COMPETE IN BOTH PHASE 1 AND PHASE 2,
THE CONTRACTOR’S PROPOSAL SHALL BE DEFINED AS: ALL INFORMATION WHICH
WAS SUBMITTED IN RESPONSE TO THE REQUIREMENTS OF BOTH PHASES OF THE
SOLICITATION.

1.3   Incurring Costs: The Government is not liable for any costs incurred by the offeror
submitting an offer in response to this solicitation.

1.4    Inquiries: Address any inquiries regarding this Request for Proposal to:

U.S. Army Corps of Engineers, Mobile District
Attn: Mr. Ronald J. Kalifeh
Post Office Box 2288
Mobile, Alabama 36628-0001




Page 226 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

or faxed (telecopied) to Mr. Ron Kalifeh at (334) 690-2424. Refer any inquiries, for which oral
explanation or information relative to the plans and technical provisions will suffice, to POC at
(334) 690-3738. Do not make Collect telephone calls.

1.5 Small Business Size Standards: The National American Industry Classification
System (NAICS) Codes, as set forth in the Federal Acquisition Regulation (FAR) 19, for this
procurement are 23321/23322. For the purpose of this procurement, a small business
concern is defined as: a concern whose annual receipts do not exceed $ _________.

1.6 Administrative Notice to Offerors: BEFORE SIGNING AND SUBMITTING THIS
PROPOSAL, PLEASE TAKE NOTE OF THE FOLLOWING ADMINISTRATIVE DETAILS, AS
FAILURE TO PROPERLY PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR
PROPOSAL TO BE REJECTED:

1.6.1 Amendments: Have you acknowledged receipt of ALL solicitation amendments? If in
doubt as to the number of amendments issued, please contact the Contracting Office.

1.6.2 Sealed Offers: Mark sealed envelopes containing offers to show the offeror's name
and address, the solicitation number, amendments received and the date and time offers are
due.

1.6.3 Amended Proposal Pages: If any of the amendments furnished amended proposal
pages, use the amended proposal pages in submitting your proposal.

1.6.4 Late Proposals: In order for a late proposal to be considered, it must have been
dispatched in accordance with the provisions of FAR 52.215.10, "Late Submissions,
Modifications, and Withdrawals of Proposals."

1.6.5 Proposal Guarantee: Furnish sufficient proposal guarantee in proper form with your
proposal (PHASE II ONLY).

1.6.6 Mistake in Proposal: Have your reviewed your proposal for possible errors in
calculations or work left out?"

1.6.7 Telegraphic Modifications: If you modify your proposal by telegram, be sure to allow
sufficient time for the telegram to reach the contracting office prior to the time set for receipt
of proposals. Any doubt should be resolved in favor of allowing EXTRA TIME.

1.6.8 Modifications to Proposal Transmitted by Fax: Not allowed in this Solicitation.
2.    GENERAL PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.1    Format of Non-Cost, Quality Proposals. In order that the evaluation may be
accomplished strictly on the merit of the material submitted, no dollar amounts for the
proposed work are to be included in the non-cost, quality proposal. In order that the technical
evaluation may be accomplished efficiently, the quality evaluation criteria listed below in this
section are to be addressed in order. If supplemental information relative to the criteria is




Page 227 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

included in another part of the quality proposal, its location must be identified. WARNING:
The proposals are evaluated in direct correspondence to the technical evaluation criteria,
which are included in Section 00120. It is in the best interest of the offerors to format the
proposal in the order of the quality evaluation criteria, with tabs as prescribed. If the offeror
fails to provide information relating to the criteria or locates the information in another part of
the proposal without providing any cross references, the offeror runs the risk of having their
proposal receive a lower evaluation by the Government evaluators who were not able to
locate the appropriate information.

2.2    The non-cost, technical proposal shall contain:

2.2.1 Title Page, including the title of the solicitation, solicitation number, [offeror number, if
required, or name], and date of the submittal.

2.2.2 Table of Contents, including a list of tables, drawings, maps or exhibits. Include the
complete T.O.C. in each binder.

2.3.   Who May Submit.

2.3.1 Firms formally organized as design-build entities or design firms and construction
contractors that have associated specifically for this project may submit proposals. In the
latter case, a single design firm or construction contractor may offer more than one proposal
by entering into more than one such association. For the purpose of this solicitation, no
distinction is made between formally organized design-build entities and project-specific
design-build associations. Both are referred to as the design-build offeror, (or simply
"offeror"), or the design-build contractor, (or simply "Contractor"), after award of a contract.

2.3.2 Any legally organized offeror may submit a proposal, provided that the offeror, or
offeror's subcontractor, has on its permanent staff professional architects and engineers
registered in the appropriate technical disciplines and provided that the requirements
specified in the solicitation are met. All designs must be accomplished under the direct
supervision of appropriately licensed professionals.

2.4 General Requirements.

2.4.1 In order to effectively and equitably evaluate all proposals, the Contracting Officer
must receive information sufficiently detailed to clearly indicate the materials, equipment,
methods, functions, and schedules proposed.

2.4.2 Written materials: Size A4 [or 8-1/2" x 11 "] format.

2.4.3 Drawing Sheets (PHASE 2 ONLY): Use Size A1 [approximately 24" x 36"] for full size
drawings that are not intended for reduction to half size sets. Half size sheets size A2
[approximately 16" x 23"] are also acceptable.




Page 228 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


2.4.4 Where to Submit. Offerors shall submit their proposal packages to the [USACE
Design District] at the address shown in Block 8 of Standard Form 1442.

2.4.5 Submission Deadline. Proposals shall be received by the [USACE Design District] no
later than the time and date specified in Block 13 of Standard Form 1442.

3.0 PHASE 1 PROPOSAL SUBMISSION REQUIREMENTS:

3.1 Proposal Requirements and Submission Format. Proposals shall include two
volumes of information as follows:

3.1.1 Phase 1 - Volume !, Offeror Performance Capability. Submit this information in a
separate three-ring binder labeled "Phase 1 - Volume !, Offeror Performance Capability."
This category consists of the Offeror Relevant Experience (Example Projects), Offeror Past
Performance Information (Completed Projects Customer Surveys), Offeror Project Key
Personnel, Technical Approach Narrative and Quality Control Plan. Provide original and
three copies.

3.1.2 Phase 1 – Volume 2, Pro Forma Requirements. Submit this material in a separate
envelope, labeled “Phase 1 - Volume II – Pro Forma Requirements”. This category consists
of the Representations and Certifications, as required by Section XXXX of the Solicitation.
Provide an original plus one copy.

3.2    Phase 1 - Volume I - Offeror Performance Capability.

Offerors shall submit the following as part of their proposals. Separately tab each section of
Volume I, as described below.

3.2.1 TAB A - Project Examples. Provide examples (preferably three) of projects for which
the offeror has been responsible. The examples should be as similar as possible to this
solicitation in project type and scope. Provide references (with contract names and telephone
numbers) for all examples cited. Each example shall indicate the general character, scope,
location, cost, and date of completion of the project. If the offeror represents the combining of
two or more companies for the purpose of this RFP, each company shall list project
examples. In addition, If applicable, provide examples of design-build projects for which any
or all of the teaming firms have experience in, either individually or as a team. Use the
formats in Attachment 1.

[Optional – Past Performance Questionnaire for Districts which use a mailed out past
performance evaluation questionnaire. Otherwise, the evaluators may contact the
references provided by the offeror, above.]

“3.2.1.1 TAB B - Offeror Past Performance Information. Attachment 1.1 is a Past
Performance Evaluation Questionnaire. The offeror shall identify the three in-progress or
completed projects to be used for reference and evaluation purposes. Provide a
questionnaire to the Point of Contact for each project listed for completion.      When




Page 229 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

completed, these forms shall be [mailed] [faxed] [e-mailed] to the [USACE Design District]
Contract Specialist identified in the sample transmittal letter provided. Failure of a reference
verification to arrive at the [USACE Design District] within the identified time period shall
adversely affect the overall rating received. It is the contractor’s responsibility to ensure that
the reference documentation is provided, the Government WILL NOT make additional
requests for past performance information or references. The reference shall not provide
copies of the evaluation form to the offeror. Projects from which questionnaires are received
shall have been completed within three years of the date of the solicitation.”

3.2.2 TAB C - Key Personnel. Provide the names, resumes, and levels of responsibility of
the principal managers and technical personnel who will be directly responsible for the day-
to-day design and construction activities. Include, as a minimum, the project manager; the
project architect; the engineers responsible for civil, electrical, mechanical and structural
design; the quality control manager; and the construction manager. Indicate whether each
individual has had a significant part in any of the project examples cited. If reassignment of
personnel is considered possible, provide the names and resumes of the alternative
professionals in each assignment. Use the formats in Attachment 2.

3.2.3 TABS D and E - Phase 1 Management Plan. The offeror shall provide a Management
Plan. This is an overall plan showing how the offeror will approach the design and
construction of the project and how it will control the job. The term "management plan" is
defined as a plan that includes the following sub-plans:

      TAB D - Technical Approach Plan

      TAB E - Quality Control Plan

3.2.3.1 TAB D - Technical Approach Plan. Describe in general terms how the Offeror will
approach the design and construction of these facilities. Describe the corporate
organization(s) teamed for the project, identifying the constructor, the design entity(s), and
key trade firms for electrical and mechanical work, if selected. The narrative should include
considerations of “Fast Track” construction whereby preliminary site construction activities
can begin prior to 100% completion of the design documents. Address the roles and
responsibilities of the various sub-contractors for both design and construction. Include in
the narrative the offeror’s proposed processes for handling field problems and assuring
Designer of Record involvement throughout the construction period. Limit the Technical
Approach Narrative to a maximum of five (5) typewritten pages.

3.2.3.2 TAB E - The Quality Control Plan is part of the Management Plan. The alliance of
the project designer and builder on a project such as this naturally removes one commonly
used method of quality control; that is, the usual reliance on the owner or the design
consultant for monitoring construction quality. Although the Government will provide an on-
site representative during construction, offerors are expected to develop a formal program of
monitoring to ensure a high level of design and construction quality. Offerors shall submit
Quality Control Plans that respond to the minimum requirements of Technical Specifications




Page 230 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Section 01451 (furnished with this RFP package) entitled "Contractor Quality Control Design-
Build." The offeror's program shall have the following characteristics:
                 CONTRACTOR QUALITY CONTROL REQUIREMENTS

      A clear identification of the personnel responsible for quality control and a clear policy
       establishing their authority. The quality control group shall be separate
       and apart from (not the same) the people that are doing the construction. This
       quality control group shall report to the Contractor's management at a level no
       lower than a vice president of the company.

      A specific description of the tasks and functions of the quality control personnel.

      A specific policy establishing schedules for the performance of quality control
       tasks.

      A policy for reporting quality control findings to the Contracting Officer.

      A procedure whereby the Contracting Officer may resolve disputes that have not
       received satisfactory responses from the first levels of quality control personnel.

      The names of testing laboratories to be used and the procedures for test data
       reporting.

      A plan for material storage and protection.

      The plan for review, evaluation, and Contractor quality control of design submittals,
       prior to Government receipt.

      The plan for review of submittals and extensions to design, in accordance with Section
       01330 Submittals (Design-Build Version). Of particular interest is the role of the
       Designer(s) of Record in the design and construction submittal review process.

      Procedures for involving key subcontractors in the design development

      Procedures for successfully integrating the Design-Builder’s quality control program
       with the Government’s quality assurance program.

4.0 PHASE 2 PROPOSAL SUBMISSION REQUIREMENTS:

4.1 Proposal Requirements and Submission Format. Proposals shall include three
separate volumes of information as follows:

4.1.1 Phase 2 - Volume I, Offeror Performance Capability. Submit this information in a
separate three-ring binder labeled "Phase 2 – Volume I - Offeror Performance Capability."
This category consists of the remainder of the offeror’s Management Plan, consisting of
Design and Construction Schedule, the Contract Closeout Plan, the Self-Performed Work



Page 231 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Plan, the subcontracting plan (for large business offerors, only) and information concerning
Past Performance in Utilization of Small, Small Disadvantaged, and Women-Owned Small
Business Concerns (all offerors). Provide original and three copies.

4.1.2 PHASE 2 - Volume II, Design-Technical. Submit this information in separate three-
ring binders labeled "Phase 2 - Volume II - Design-Technical Information." This category
consists of design documents, drawings, calculations, specifications, catalog cuts, and other
information. Design Technical materials shall also include a spreadsheet or tabular listing of
the Evaluation Factors for Technical Proposals included in Section 0120 and identify where in
the proposal materials that specific item is addressed. Provide six (6) copies of the drawings
(size A1); or six (6) copies of half size drawings (size A2) with a minimum of one full size set;
1 set of color boards; and six (6) copies of catalog cuts and other technical data. The
drawings shall be bound.

4.1.3 PHASE 2 - Volume III, Pro Forma Requirements. Submit this information in an
envelope labeled "Phase 2 – Volume III - Pro Forma Requirements." This category consists
of representations and certifications, subcontracting plan, proposal bonds, completed
Standard Form 1442, and schedule of proposed prices. Provide original and one copy.

4.1.4 No Exceptions Allowed: Exceptions to the contractual terms and conditions of the
solicitation (e.g., standard company terms and conditions) must not be included in the
proposal.

4.1.5 No Cost Information in Quality Proposals: Do not include any cost information in
the quality proposal. Submit the quality and cost proposals as separate documents.



4.2 Required Data For Phase 2 - Volume I - Performance Capability Proposal
Submission.

4.2.1 TAB F - Design and Construction Schedule. Submit a schedule covering all phases
of the project, including a clear identification of all fast track activities. Also submit a rationale
explaining how the schedules will be achieved. The schedule for construction shall be task
oriented, indicating dates by which milestones are to be achieved. The offeror may use a
critical path or other method of his/her choice; however, the schedules shall be graphically
represented. The offeror may propose a contract completion period in the Contract Line
Item Schedule that is shorter than the maximum number of days prescribed in the contract
clause Commencement, Prosecution and Completion of Work . The proposed project
schedule should reflect that period as the contract duration.

4.2.2 TAB G -Closeout Plan: Furnish a Closeout Plan in a brief structured time scale
schedule reflecting the planned activities during the final 90 days of the contract activity.
Address the following items in the Closeout Plan:

                                        CLOSEOUT PLAN




Page 232 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



      Testing of equipment and systems with schedules and reports.

      Equipment instruction and training schedules.

      O&M Manuals transfer.

      As-built drawings transfer.

      Transfer procedures and schedules.

      Pre-final inspection procedures and correction of deficiencies.

      Warranty data submission and planned implementation.

      Cleanup of administrative deficiencies.

      Move off site.

4.2.3 TAB H - Self-Performed Work Plan: Contract Clause "Performance of Work by the
Contractor" requires that the prime contractor perform a specified minimum percentage of the
project with its own in-house forces.

4.2.3.1 Identify what construction parts of the project will be "self-performed" by in-
house forces and the related cost for each part, as defined below. If sufficient information is
available at the time your offer is prepared, state (within this Organization factor narrative) the
percentage of work you will self-perform. If sufficient information is not available during
preparation of this narrative, state that the information is in the Pro-Forma requirements (see
the following paragraph).

4.2.3.2 Computation Sheet. Provide and illustrate the calculation for "percent of self-
performed work", in accordance with the definitions below. Use attachment 3, hereinafter to
submit this information.

4.2.3.3 Definitions: The following are definitions concerning self-performance of work by the
Prime Contractor, in accordance with Section 00800, "PERFORMANCE OF WORK BY THE
CONTRACTOR."

4.2.3.4 "Self-performance of work" generally includes mobilization and utilization of owned
or rented plant and equipment to be operated by the prime contractor's own employees; only
those materials which will be both purchased and installed by the prime's own forces; labor
associated with those aforementioned materials or equipment; only those supplies to directly
support work performed by the contractor's own employees; and the contractor's own job
overhead costs.




Page 233 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.2.3.5 The following is NOT self-performed work for purposes of the clause: Prime
contractor markups for profit, general and administrative overhead, bonds, or other indirect
costs on self-performed or subcontracted work; "Owner-operated equipment", rental of plant
or equipment for operation by subcontractors; purchase of materials for installation by
subcontractors.

4.2.3.6 "On the site" includes the construction site(s) as well as off-site fabrication plant or
other facilities necessary to manufacture assemblies or provide materials to be incorporated
into the construction project.

4.2.3.7 "Total amount of work to be performed under the contract" is comprised of all
direct (variable, fixed, one-time and semi-variable) costs to the contractor, including jobsite
overhead costs, to construct the project. It generally includes all self-performed work, as
defined above, and cost of all supplies, materials and subcontracts. It does not include
design costs, home or branch office overhead costs or prime contractor markups for bond,
profit, insurance, etc."

4.2.4 TAB I - Subcontracting Plan: A Large Business offeror must submit a subcontracting
plan in accordance with Contract Clauses 52.219-8 and 52.219-9, and AFARS 19.705. In
addition, include at least three (3) years of past performance reports that reflect realistic and
challenging goals and rate of achievement. For guidance in preparing an acceptable plan
refer to the Army’s Subcontracting Plan Evaluation Guide (Army Federal Acquisition
Regulation Supplement Appendix CC) at:

“http://acqnet.sarda.army.mil/afar/apcc.htm”

For information in preparing the subcontracting plan the [Design District] required
subcontracting goals are as follows:

[Insert Value]% of planned subcontracting dollars placed with small business concerns.

[Insert Value]% of planned subcontracting dollars placed with small disadvantaged business
concerns.

[Insert Value]% of planned subcontracting dollars placed with women owned small business
concerns.

4.2.5 TAB J - Past Performance in Utilization of Small, Small Disadvantaged, and
Women-Owned Small Business Concerns: All offerors, whether Large or other than Large
Business, must identify past efforts and degree of success in utilization of Small, Small
Disadvantaged, and Women-Owned Small business Concerns for projects ongoing or
completed within the past three (3) years. Large Business offerors shall describe efforts and
success rates in executing Subcontracting Plans on applicable projects. Other than Large
Businesses shall identify their efforts and degree of success in attracting and subcontracting
to such small businesses for projects which contained a clause similar to FAR Clause
52.215-8.




Page 234 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.3 Required Data For Phase 2 - Volume II, Design -Technical Proposal Submission.

Submit the following technical data as part of the formal proposal. Proposals shall include
graphic description of the design included in the basic proposal clearly indicated as such.
Graphically describe all alternate designs on separate drawings from the basic proposal.
Offerors are advised that the required data listed below will be utilized for technical review
and evaluation and used for determination of a "Quality Rating" by a Technical Evaluation
Team. Materials indicated in the design/construction criteria, but not indicated in the offeror's
specifications, will be assumed to be included and a part of the proposal.

4.3.1 Compliance Statement: The offeror is required to certify that all items submitted in
the design-technical proposal comply with the RFP requirements and any differences,
deviations or exceptions must be stated and explained. Offerors are required to complete the
statement and submit it with their technical proposal. Even if there are no differences,
deviations or exceptions, the offeror must submit the Compliance Statement and state that
none exist.

Statement of Compliance:

This proposer hereby certifies that all items submitted in this proposal and final design
documents (after contract award) comply with the solicitation requirements. The criteria
specified in Solicitation No. [Insert Solicitation Number] are binding contract criteria and in
case of any conflict after award, between [Insert Solicitation Number] and the contractor's
proposal, the solicitation criteria shall govern unless there is a written and signed agreement
between the contractor and the Government waiving a specific requirement. Should this
proposal result in the award of a contract, this statement will be included on each sheet of
drawings and on the cover of the specifications.

4.3.2 TAB A - Design Drawings. Provide an index of drawings. If required drawings are
common for more than one type of building or dwelling unit, indicate so on the drawing. Do
not provide foundation plans or structural, civil, plumbing, mechanical, or electrical details.
The proposal design drawings shall provide the information as indicated in the following
tables:

                                         SITE DESIGN

Drawing Type / Scale         Show This Information:

Area Site
Development Plan             -Spatial and functional arrangement of all family housing
1:1000 [1"=80']              requirements
Note1, 2                     -Adjacent land uses and historical or environmental conditions
                             -Project Boundaries, including delineation between Fiscal Year
                             construction phases
                             -Existing Contours
              `              -Proposed contours at 1 m intervals [3'].
                             - Drainage and water retention ponds (if utilized)




Page 235 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                                  - Vehicular and pedestrian circulation
                                  - Housing types to Include patios and fencing
                                  - Children's outdoor play areas

Typical Cluster Plans             - Solar orientation of each housing unit or cluster
1:500 [1"=40']                    - Vehicular and pedestrian circulation
Note1, 2                          - Spacing between housing units
                                  - Utilities and utility entrance into housing unit walls
                                  - Children's play lots

Demolition Plan                   -All site amenities, structures, or features to be removed or
1:500 [ 1”=40’]                   retained.

Site Plan                         -Layout for all site requirements. Show "Use Zones" in
1:500 [1"=40']                    children's outdoor play areas.

Typical                           -Botanical/Common Names of plants used, size, and quantity
Landscape Plans                   of trees, shrubs, ground covers, related notes, and planting
1:250 [1"=20']                    details.


Utility Plan                      -All site utility requirements, including provisions for phasing of
1:500                             Fiscal Year packages.
[1”=80’]                          -Site lighting
                                  -Primary cable routing (new and existing)
                                  -Pad-mounted transformers and service laterals
                                  -Cable television and telephone routing.
.
Off-Site Electrical Plan          -Location of primary supply point of take-off
1:5000 [1 "=400']        -Existing electrical lines, both overhead and underground
Scale as required        properly identified.
(If applicable)                   -New construction tie-in to on-site electrical distribution system.


Notes to Government Specifier:
(1)   Dimension all drawings to show building separations, setback, etc.
(2    Metric Scales are preferred, however, inch pound scales may continue to be
used if they enhance competition.

                                         HOUSING UNIT DESIGN

Drawing Type / Scale              Show This Information:

Floor Plans                       -Overall dimensions.
1:50 [1/4"= 1'-0"]                - Room description with dimensions and areas.
(For each dwelling                - Appliances (including occupant-owned washer and dryer).
 unit type)                       - Plumbing fixtures and vanities.
                                  - Kitchen layout.
                                  -Door swings.
                                  -Garage features.
                                  -Patio.
                                  -Exterior bulk storage.
                                  -Service (trash) area.
                                  -Furnace and hot water heater location.




Page 236 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                            -Calculated gross and net floor areas.

Typical Exterior            - Show all sides.
Elevations
1:50 114"=1'-0"

Details                     - Special Features
Scale as required.

Finish Schedule             -All rooms
.

Note to Specifier: Metric Scales are preferred, however, inch pound scales may
continue to be used if they enhance competition.

4.3.3 TAB B - Specifications. Complete Attachment No. 4, "Outline Specifications",
indicating the quality of materials, construction, finishes, fixtures, and equipment for the
applicable items. Special attention should be given to the identification and specification of
energy conservation features included in the proposal, particularly those that exceed the
minimum requirements of the Statement of Work. Submit as part of the Design-Technical
Information.

4.3.4 TAB C - Equipment Schedule. Equipment schedule shall indicate type of equipment,
size or capacities, manufacturer, and model number. Furnish manufacturer's catalog data on
equipment and fixtures for all features of the housing unit, this shall include appliances,
electrical equipment and lighting, mechanical heating and cooling equipment, domestic water
system equipment, as well as catalog information on the finishes and architectural specialties
and exterior finish materials. Originals of manufacturer's catalog should be submitted in lieu
of reproducibles to ensure legible data. Submit as part of the Design-Technical Information.

4.3.5 TAB D - Color Boards. Coordinated interior and exterior color schemes. Three
schemes are required. For proposal evaluation provide one copy of each scheme complete
with samples and/or chips of the colors, materials, textures, and finishes.

4.3.6 TAB E - Life Safety Analysis The proposal shall include a Life Safety Analysis that
clearly demonstrates that the proposal meets or exceeds all requirements of the Statement of
Work and reference standards with respect to Life Safety and Fire Protection.

4.3.7 TAB F - Calculations Required. Net area and other calculations are required for
evaluation purposes. Net area is a factor evaluated for technical quality. Other calculations
are also required in the statement of work. Use the format provided in Attachment 5, Format
for Required Calculations.

4.3.8 TAB G - Evaluation Factors/Proposal Contents Listing. A spreadsheet or table
consisting of all the evaluation categories and sub-categories listed in Section 0120 for
technical proposal evaluation and specific reference to where in the proposal documents
those requirements are addressed or indicated.




Page 237 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.4    Phase 2 - Volume III - Pro Forma Requirements:

Submit this information in an envelope labeled "Volume III - Pro Forma Requirements." This
category consists of representations and certifications, proposal bonds, completed Standard
Form 1442, pre-award information required by Section XXXX, Paragraph XX (except submit
the subcontracting plan in Volume I - Offeror's performance Capability) and schedule of
proposed prices. Provide original and one (1) copy. The Government reserves the right to
request price breakdown information, if necessary, to evaluate price reasonableness. If
requested, this information will not be needed sooner than at least three (3) working days
after the proposal submission.

4.5   Incomplete Proposals: Failure to submit all the data required by this section will be
cause for determining the proposal to be non-conforming to the RFP therefore unacceptable
for award and the offeror shall be ineligible for a stipend.




Page 238 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      ATTACHMENT 1

                   COMPANY SPECIALIZED EXPERIENCE
                                      DESIGN FIRM


Provide information showing examples of designs your company has performed, within the
last 5 years preceding the proposal due date, which indicate experience with projects of
similar type and scope. Use separate sheets.


a.     Your Firm's Name ___________________________________________________

b.     Name of Project _____________________________________________________

c.     Location of Project ___________________________________________________

d.     Owner ____________________________________________________________

e.     General Scope of Construction Project ___________________________________

f.     Summary of Your Role in Design of this Project ____________________________

g.     Estimated Construction Cost __________________________________________

h.     Extent and Type of Design Work You Subcontracted ________________________

_______________________________________________________________________

i.     Dates Design: Began ___________, Completed:       _________________

j.     Dates Construction: Began    __________, Ended:         _________________

k.     Your Performance Evaluation by Owner (if Formal Evaluation) ________________

l.     Owner's Point of contact (POC) for reference (Name and Company) ____________

_______________________________________________________________________

m.     Telephone number of POC for reference             ____________________________




Page 239 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                   COMPANY SPECIALIZED EXPERIENCE
                     CONSTRUCTION PRIME CONTRACTOR

Provide the following information to show examples of projects your company constructed,
within the last 3 years preceding the proposal due date, indicating experience with projects of
similar type and scope. Use separate sheets.

a.     Your Firm's Name ___________________________________________________

b.     Name of Project _____________________________________________________

c.     Location of Project ___________________________________________________

d.     Owner ____________________________________________________________

e.     General Scope of Construction Project ___________________________________

f.     Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company

       Self-Performed       __________________________________________________


_______________________________________________________________________

g.     Construction Cost    __________________________________________________

h.     Extent and Type of Construction Work You Subcontracted Out        ____________


_______________________________________________________________________

i.     Dates Construction: Began          ____________          Ended:        ____________

j.     Your Performance Evaluation by Owner (if Formal Evaluation)       ____________

k.     Were You Terminated or Assessed Liquidated Damages? (If Either is "Yes," Attach

Explanation) _____________________________________________________________

I.     Owner's Point of Contact for Reference (Name and Company) ________________

_______________________________________________________________________

m.     Telephone Number of Reference POC         __________________________________




Page 240 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                   COMPANY SPECIALIZED EXPERIENCE
     KEY SUBCONTRACTOR OR PRIME, IF NOT TO BE SUBCONTRACTED)

Provide the following information to show examples of projects your company constructed
within the last 3 years. Use separate sheets for each project.

a.      Your Firm's Name ___________________________________________________

b.      Project Name/Location of Project _______________________________________

c.      Owner ____________________________________________________________

d.      General Scope of Construction Project ___________________________________



e.      Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company

        Self-Performed       __________________________________________________



_______________________________________________________________________

f.      Your Subcontract Amount _____________________________________________

g.      Detailed description of Work ___________________________________________


h.      What Work Did You Subcontract Out?         __________________________________


i.      Dates your Subcontract Work Began __________Completed:           ____________

j.      Your Performance Evaluation by Owner/Prime (if Formal Evaluation)       _______

k.      Were You Terminated or Assessed Liquidated Damages? (If Either is "Yes," Attach

Explanation) _____________________________________________________________

l.      Name and Company Point of Contact for Reference (if you were a Subcontractor, also list
the firm you were hired by) ___________________________________________
_______________________________________________________________________

m.      Telephone Numbers of References            _______________________________




Page 241 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                  ATTACHMENT 1.1
                          SAMPLE TRANSMITTAL LETTER AND
                   PAST PERFORMANCE EVALUATION QUESTIONNAIRE

(OPTIONAL FORM IF YOUR DISTRICT USES A FORM FOR REFERENCES TO
COMPLETE AND MAIL IN )

Date: _________________

To: ______________________________________
_________________________________________
_________________________________________

    We have listed your firm as a reference for work we have performed for you as listed
    below. Our firm has submitted a proposal under a project advertised by the U.S. Army
    Corps of Engineers, [DESIGN} City District. In accordance with Federal Acquisition
    Regulations (FAR), the Corps of Engineers will complete an evaluation of our firm's past
    performance. Your candid response to the attached questionnaire will assist the
    evaluation team in this process.

       We understand that you have a busy schedule and your participation in this evaluation
is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as
possible. Space is provided for comments. Understand that while the responses to this
questionnaire may be released to the offeror, FAR 15.306 (e)(4) prohibits the release of the
names of the persons providing the responses. Complete confidentiality will be maintained.
Furthermore, a questionnaire has also been sent to ____________________ of your
organization. Only one response from each office is required. If at all possible, we suggest
that you individually answer this questionnaire and then coordinate your responses with that
of ________________________, to forge
a consensus on one overall response from your organization.

Please send your completed questionnaire to the following address:

       U.S. Army Engineer District, {________]
       ATTN:
       ADDRESS


The questionnaires can also be faxed to [Design District Contract Specialist]
If you have questions regarding the attached questionnaire, or require assistance, please
contact [Design District Contract Specialist] at [Phone Number]. Thank you for your
assistance.




Page 242 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                   PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Upon completion of this form, please send directly to the U.S. Army Corps of
Engineers in the enclosed addressed envelope or fax [or e-mail] to [FAX NUMBER],
ATTN: [Contract Specialist]. Do not return this form to our offices. Thank you.

1. Contractor/Name & Address (City and State):



2. Type of Contract: Fixed Price ________ Cost Reimbursement ________
             Other (Specify) ________________________________


3. Title of Project/Contract Number:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

4. Description of Work: (Attach additional pages as necessary)




5. Complexity of Work: High ________ Mid _________ Routine __________

6. Location of Work:______________________________________________

7. Date of Award: ________________________

8. Status:    Active _________ (provide percent complete)
              Complete __________ (provide completion date)



9. Name, address and telephone number of Owner’s Technical
Representative:




Page 243 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



QUALITY OF PRODUCT/SERVICE:

10. Evaluate the contractor's performance in complying with contract requirements,
quality achieved and overall technical expertise demonstrated.


      Excellent Quality

      Above Average Quality

      Average Quality

      Below Average Quality

      Unsuccessful or Experienced Significant
      Quality Problems



Remarks: _________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

11. To what extent were the contractor’s reports and documentation accurate,
complete and submitted in a timely manner?


      Excellent Quality

      Above Average Quality

      Average Quality

      Below Average Quality

      Unsuccessful or Experienced Significant
      Quality Problems


Remarks: ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 244 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



12. To what extent was the contractor able to solve contract performance problems
without extensive guidance from Owner counterparts?


      Excellent

      Above Average

      Average

      Below Average

      Unsuccessful

Remarks: ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

13. How well did the contractor manage and coordinate subcontractors, suppliers,
and the labor force?


      Excellent

      Above Average

      Average

      Below Average

      Unsuccessful

Remarks:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 245 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



CUSTOMER SATISFACTION:

14. To what extent were the end users satisfied with:


                                               Quality?    Cost?     Schedule?
  Exceptionally Satisfied
  Highly Satisfied
  Satisfied
  Somewhat Dissatisfied
  Highly Dissatisfied

Remarks:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

15. If given the opportunity, would you work with this contractor again?

               YES ___________ NO ____________ NOT SURE ____________


TIMELINESS OF PERFORMANCE:

16. To what extent did the contractor meet the task order schedules?

      Completed Substantially Ahead of Schedule
      Completed on Schedule with no Time Delays
      Completed on Schedule with Minor Delays Under Extenuating
      Circumstances
      Experienced Significant Delays without Justification


Remarks: ____________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 246 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



OTHER REMARKS:

23. Use the space below to provide other information related to the contractor's
performance. This may include the contractor's selection and management of
subcontractors, flexibility in dealing with contract challenges, their overall concern
for the Owner’s interest, project awards received, etc.

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________




Page 247 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      ATTACHMENT 2


                             SPECIFIC PERSONNEL
                                          DESIGN


Provide information, listed below, on separate sheets showing qualifications of: Project
Manager, Project Architect, Landscape Architect, Civil Engineer (FL Registered),
Structural Engineer, Mechanical Engineer, Plumbing Engineer, Electrical Engineer,
Design Quality Control Manager. Use continuation sheets, if needed.


a.     Your Name and Title ____________________________________________

b.     Your Assignment on this Project ________________________________________

c.     Name of Your Firm    __________________________________________________

d.     No. of Years: With this Firm __________ With other Firms _______________

e.     Education: Degree(s)/Year/Specialization ________________________________

f.     Active Registration: No. __________, State(s) ___________, Year ____________

g.     Your Specific Experience and Qualifications Relevant to this Project ___________

_______________________________________________________________________




_______________________________________________________________________




Page 248 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                             SPECIFIC PERSONNEL
                                    CONSTRUCTION


Provide information, listed below, on separate sheets showing qualifications of: Project
Manager, Site Supervisor, Quality Control Manager, Superintendent, and Project
Scheduler. Use continuation sheets, if needed.


a.     Your Name and Title ____________________________________________

b.     Your Assignment on this Project ________________________________________

c.     Name of Your Firm    __________________________________________________

d.     No. of Years: With this Firm __________ With other Firms _______________

e.     Education: Degree(s)/Year/Specialization ________________________________

f.     Active Registration: No. __________, State(s) ___________, Year ____________

g.     Your Specific Experience and Qualifications Relevant to this Project ___________

_______________________________________________________________________




_______________________________________________________________________




Page 249 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                       ATTACHMENT 3

FORMAT FOR CALCULATION OF SELF- PERFORMED WORK
                              DESIGN-BUILD CONTRACTS
               For all Contracts, except 8(a) or Small Business Set-Aside

Use a format similar to the following to identify and calculate cost of the work to be self-
performed. Refer to the definitions pertaining to "Self-performance of work," "On the site,"
and "Total amount of work to be performed under the contract." Include this information in the
envelope for Volume II (Pro Forma Requirements), if undetermined until the specified
deadline for proposal submission. Otherwise include it in Volume I (Performance Capability)
in TAB A:

A.     Clearly describe the work to be self-performed: ____________________________
       __________________________________________________________________
       __________________________________________________________________
       __________________________________________________________________

B.     Show calculation of self-proposed work:

       B.1 Total Bid Price:                                                       $___________

       B.2 Subcontract Design Cost:                                          $___________

       B.3 Subcontract G&A, home office overhead,                                 $___________
       prime contractor's markups for profit,
       bond, state use tax, etc.

       B.4 Remainder is "Total amount of work                                    =$___________
       to be performed under the Contract"

       B.5 "Work to be self-performed":                                          =$___________
       (Includes mobilization and utilization of owned or rented
       plant and equipment to be operated by the prime contractor's
       own employees; only those materials that will be both purchased
       and installed by the prime's own forces; labor associated
       with those aforementioned materials or equipment; only those
       supplies to directly support work performed by the contractor's own
       employees; and the contractor's own job overhead costs.)

       B.6 % Self-performed Work - Line B.5/Line B.4 X 100%                        =$___________

(NOTE TO SPECIFIER: 8(a) and Small Business Set-Asides utilize the Contract Clause
52.219-14 “Limitation on Subcontracting”. The percentage of required self-performed work
and calculation are different than for unrestricted contracts. Contact Joel Hoffman for
sample language and calculation form.)




Page 250 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                       ATTACHMENT 4

                               OUTLINE SPECIFICATION

Proposal Number:
Project No.:
Project Name:
Date:
Location:

                                        INSTRUCTIONS

Describe all materials and equipment to be used. Include no alternates or equivalents. Show
extent of work and typical details on drawings. Attach additional sheets if necessary to
completely describe the work. The cost estimate will recognize quality products and materials
in excess of acceptable minimums, when specified. Certain parts of the work cannot be put in
their proper classification until more information about their materials and construction are
known; therefore describe, under suitable categories below, the following: main service and
other stairs, treads, risers, handrails, balusters, etc., sound insulation of partitions and floors
separating dwelling units and between dwelling units and public spaces, utility conduits and
tunnels, waterproofing and drainage, utilities, and related insulation; retaining walls; garages
and accessory buildings, and off-site improvements required to serve the project such as
roads, curbs, walks, utilities, storm sewers, and planting.

NOTE: This outline is based on the "Uniform System" for Construction Specifications, Data
Filing, and Cost Accounting developed by AIA, CSI and AGC.

1.     GENERAL REQUIREMENTS:

2.     SITE WORK:

Type of Soil:

Bearing Capacity:

Material and thickness of fill and base course

Demolition: Construction of structures to be demolished and materials to be reused.

Other land improvements.

Storm Drainage: Culverts, pipes, manholes, catch basins, downspout connection (dry well,
splash blocks, storm sewer).

Site Preparation: Tree protection, surgery, wells, walls, topsoil stripping, clearing, grubbing,
and rough grading.



Page 251 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Curbs and Gutters: Type and material.

Pavement: Material and thickness of base and wearing surface for drives, parking areas,
streets, alleys, courts, walks, drying yards, and play areas. Steps, handrails, checkwalls.

Equipment for Special Areas and Enclosures: Play equipment, benches, and fences.

Finish Grading: Approximate existing depth and method of improving topsoil. Extent of finish
grading.

Lawns and Planting: Type, size, quantity, and location of lawn, ground cover and hedge
material, trees, shrubs, etc.

3. CONCRETE:

Concrete strength for exterior walls below and above grade, interior walls and partitions,
piers, footings, columns and girders. Size, thickness, and location on drawings. Note portions
having reinforcing steel on drawings. Location, size, and material of footing drains and outlet.

Structural system of concrete floors at basement, other floors, and roof. Thickness of slabs
and strength of concrete. Attached exterior concrete steps and porches. If more than one
type of construction is used, list separately and state locations.

Slab Perimeter Insulation (Materials and Insulation Values):

4. MASONRY:

Material and thickness of exterior walls above and below grade, interior walls and partitions,
fire walls, stair, hall and elevator enclosures, chimneys, incinerators, veneer, sills, copings,
etc.

5. METALS:

Miscellaneous Iron: Material and size of items such as:

Access Doors: Area Gratings: Lintels:

Fire Stairs: Foundation Vents:

Structural Steel: Framing or structural system used.

6. CARPENTRY:




Page 252 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Size, spacing, and grade of lumber to be used for floor, roof, and exterior walls above grade
and interior partition framing, subfloor, sheathing, underlayment and exterior finish materials
(wood siding, shingles, asbestos siding, etc.)

Grade and species for interior and exterior finish work.

7.       MOISTURE PROTECTION:

Materials and method of waterproofing walls and slabs below grade, location, thickness or
number of plies.

Type of permanent protection of waterproofing (parging), if used.

Method of dampprooflng above grade.

Flashing materials if other than sheet metal. Spandrel waterproofing.

Thermal Insulation: Thickness, R-value, and type of material.

Method of Installation

Exterior Walls:

Ceiling Below Roof:

Roof:

Other:

Roofing: Roof covering materials and method of application, weight of shingles, number of
felt plies, bitumen, etc.

Sheet Metal: Material and weight or gauge for flashings, copings, gutters and downspouts,
roof ventilators, scuppers, etc.

Sealants:

Infiltration Barrier:

Housing Unit Tightness Testing: (identify methodology and systems to be utilized for blower
door testing of units:


8.       DOORS, WINDOWS AND GLASS:




Page 253 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Windows and Frames: Type and material. Special construction features or protective
treatment.

Glazing:

U-Value:

Water Penetration Rate:

Air Infiltration Rate:

Operating Force Necessary:

Structural Testing Result:

Doors and Frames:

Exterior: Thickness, material, and type at each location.
Interior: Thickness, material, and type for public halls and stairs, dwelling units (entrance and
interior), boiler rooms, fire doors and other locations.

Finish Hardware:

Material and finish of exterior and interior locksets, sliding and folding door hardware, window
and cabinet hardware, door closers, door knockers, numbers, etc.

Thresholds:

Screens: Type and material of mesh and frames.

9. FINISHES:

Grade, material, and thickness of all finishes

Painting: Type and number of coats.

Exterior:

Wood: Metal: Masonry: Interior:

Walls and Ceilings: Kitchen and Bath: Trim and Millwork:

Tile and Ceramic Bathroom Accessories:

Floor and Wall




Page 254 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Bathroom Accessories: Materials and quantity. Attached:

Recessed:

Resilient Flooring: Location, type, and gauge for all materials.

Other Finish Materials:

Indicate thickness, grade, finish and wainscot height.

LOCATION FLOORS             WALLS         WAINSCOT

a.
b.
c.

10. SPECIALTIES:

List significant Items

Interior partitions other than concrete, masonry, or wood.

Medicine Cabinets: Material, size, and type.

Mailbox Systems.

11. EQUIPMENT: (Appliances are required to be "Energy Star" labeled.)

Refrigerators. Capacity for each size of housing unit

Kitchen Ranges: Size and type for each size of housing unit

Kitchen Cabinets: Material and finish. Wall Units:

Base Units:

Counter Top and Backsplash Material: Other Cabinets and Built-in Storage Units:

Garbage disposal units, dishwashers, clothes washers and dryers.

12. FURNISHINGS:

Blinds: Venetian blinds or other devices for privacy and control of natural light.
13. SPECIAL CONSTRUCTION:

14. CONVEYING SYSTEMS:




Page 255 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Elevators: Attach letter from manufacturer whose elevator installation is proposed, containing
a brief comprehensive specification for the complete elevator installation, and the
manufacturer's statement that the number of elevators proposed and the installation
described will provide adequate service, and that the manufacturer maintains an effective
service- organization in the project locality.

15. MECHANICAL:

Plumbing Fixtures: Material, size, fittings, trim, and color.

Sink:

Shower over Tub: Lavatory:

Stall Shower: Water Closet: Bathtub:

Tub Enclosure: Other:

Piping Systems: Material and fittings

Domestic Water: DWV:

Natural or Propane Gas:

Standpipes:

Interior Downspouts:

Domestic Water Heating: Type, storage capacity, recovery rate, and efficiency rating.

Direct Fired:

Indirect Fired: (Separate boiler or combined with space heating boiler).

Heating:

Kind of System: (Hot water, steam, forced air, etc.)

Fuel Used:

Total Calculated Load:

Equipment: (Make and Model)




Page 256 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Space Heaters: Type, make, model, location, and output of heating systems such as wall
heaters, furnaces, and unit heaters.

Solar Energy:

Application: (Heating and domestic water heating)

System Subsystem System Capacity

Insulation: Type and thickness of insulation on water lines and water heating equipment.

Distribution System:

Insulation: Type and thickness of insulation on heating equipment and distribution system.

Duct:

Pipe:

Duct Tightness Testing: (identify materials and proposed methodologies for duct tightness
testing)

Room Heating Devices: Baseboard units, radiators, convectors, registers, diffusers, etc.

Temperatures Controls: Individual unit, zone, central, etc.

Engineered Ventilation System: Location, capacity, and purpose of ventilating fans.

Air Conditioning: Unitary equipment, self contained or packaged units, or split systems.

Calculated cooling load:

Equipment: Make, model, operating voltage, and capacity for each size serving individual
rooms, dwelling units, or zone.

Central System:

Calculated Load:

Equipment: Make, model, capacity, etc., of compressor, condenser, cooling tower, water
chillers, air handling equipment, and other components that make up the complete system.


Utilities On-Site: Material for distribution system for all piped utilities.




Page 257 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Water Supply: Fire hydrants, yard hydrants, lawn sprinkler systems, and exterior drinking
fountains.

Gas:

Sanitary Sewerage: Treatment plants, pumping stations, and manholes.

16. ELECTRICAL:

Electrical Wiring: Type of wiring and load centers, number of circuits per living unit, individual
living unit metering or project metering, spare conduit for future load requirements, radio or
TV antenna systems.

Show receptacles, light outlets, switches, power outlets, telephone outlets, doorbells, fire
alarm systems, etc., on drawings.

Electric Fixtures: Type for various locations.

Electric light standards for lighting grounds, streets, courts, etc. Underground or overhead
service.

All items of construction, equipment and finish, together with all incidentals, which are
essential to the completion of the project will be provided whether or not specifically included
in the proposal and will be of a type, quality and capacity acceptable to US Army Corps of
Engineers standards as outlined in this solicitation and appropriate to the character of the
project.




Page 258 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                      ATTACHMENT 5

                   FORMAT FOR REQUIRED CALCULATIONS
                   METRIC (OR ENGLISH, WHEN ALLOWED )

OFFEROR'S IDENTIFICATION NUMBER:

HOUSING UNIT TYPE:

[Note to Specifier: Providing calculations in metric is mandatory. The Design District
may add revise this format to include inch-pound units in addition to the required
metric units.]

1. NET AREA CALCULATIONS: See Table 5-1, SIZE OF HOUSING UNITS BY PAY
GRADE in the Statement of Work for required areas.
     a.    Gross Area: ____________m2 (SF)            (As defined by the AIA)
     b.    Exterior Wall Thickness: _______           _mm (In)
     c.    Interior Area: __________m2 (SF)
           (Area within the inside finishes of exterior or party walls, excluding carport or
           garage.)
     d.    Complete the Spreadsheet below - length/width in mm (In) and area in m2 (SF).

[USACE Design District shall edit this chart as applicable to the specific project. Insert "N/A"
on those spaces that are not part of the project.]
_______________________________________________________________________
Deduct   Space                  Length               Width                     Area
                            Proposed              Proposed              Deduct Non-Deduct

______________________________________________________________________________________
N      Living Room
N      Dining Room2/3 BR
N      Dining Room 4/5 BR
N      Dining Room (GO)
N      Family Room
N      Kitchen
N      Eat-in Kitchen
N      Refer/Freezer
N      W/D
N      Bedroom#1
N      Bedroom#2
N      Bedroom#3
N      Bedroom#4
N      Bedroom#5
N      ½ Bath
N      Full Bath#1
N      Full Bath#1
N      Vestibule


Deduct   Space                  Length               Width                     Area




Page 259 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                               Proposed             Proposed                 Deduct Non-Deduct

______________________________________________________________________________________
Y      Stairwells & Landings
N      Upstairs Hallway
N      Downstairs Hallway
Y      Utility Room
Y      Interior Bulk Storage
Y      Mechanical Room
Y      Unfinished Attic
Y      Unfinished Basement
Y      Accessibility Increases

TOTAL DEDUCTABLE AREAS:
_______________________________________________________________________

Notes on Completing Table:
1.     Room dimensions are exclusive of circulation. Circulation paths along one side of a room are
permitted by adding 1000 mm (10’-0”) to the minimum dimension. Note applies to Living, Dining and
Family Rooms only.

2.     Minimum dimensions are taken from face of cabinets to walls. This note applies to kitchens
and eat-in kitchens.

3.     Minimum dimensions shown for washer/dryer are for a W/D closet only. This area may be
provided in a utility room. When so provided, area and dimensions are exclusive of circulation.

4.      When the washer/dryer is included in a utility room, the W/D line shall be completed as N/A.

5.      For hallways and stairs, clear width is measured between railings.
6.      Accessibility increases must conform to UFAS.

        e.      Net Area Determination

                               Proposal:

Interior Area from 1.c   __________
above

Deductable Area from     __________
1.d above


Interior Area, less      __________
Deductable Area
= Proposed Net Area
Show all areas in m2 (SF)




Page 260 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



2.    FORMAT FOR KITCHEN CABINET SIZE VALIDATION: See Table 5-5 - Kitchen
Cabinet, Counter, & Pantry Area in the Statement of Work.

_____________________________________
Element             Proposed Area (m2)
_____________________________________________
Wall Cabinets


Base Cabinets


Drawer Area


Counter Area
(Exclusive of area
occupied by
sink and range.)
_____________________________________________



3.   FORMAT FOR CLOSET SIZE:
___________________________________ _
Element      Proposed AreA (m2)
____________________(SF)_______________        _

Coat/Entry Hall

Master Bedroom #1

Bedroom #2

Bedroom #3

Bedroom #4

Bedroom #5

Broom Closet

Linen Closet

Other
_______________________________________________________________________




Page 261 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




4.         FORMAT FOR BULK STORAGE SIZE.

Element      Proposed Area (m2)
____________________(SF)_______________________

Interior

Exterior
_______________________________________________
Totals



5.   FORMAT FOR PATIO AND BALCONY SIZE:
____________________________________________
Spaces              Proposal
                    Area (m2)    Dimension (mm)
_______________________(SF)__________(SF)_____________

Balconies

Patio - 2 Br

Patio - 3 Br

Patio - 4 Br

Patio - 5 Br




Page 262 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


PART 11       PROPOSAL EVALUATION CRITERIA


Note: Joel Hoffman developed this information for use in The Corps of Engineers’
PROSPECT Course, entitled “DESIGN-BUILD CONSTRUCTION”

OBJECTIVES

Upon completion of this section, the student will be able to:

      Describe the Two Major Bases for Award (Trade-Off Process and Lowest Priced,
       Technically Acceptable Proposal)

      Describe Criteria Used to Evaluate Quality and Price Proposals

Discussion and Guidance for Proposal Evaluation Criteria (follows)

                                        Exhibits:
EXHIBIT 1     SAMPLE SECTION 00120 "EVALUATION OF PROPOSALS" (FOR AN
              ADMINISTRATIVE OFFICE BUILDING).

EXHIBIT 2     SAMPLE SECTION 00120 "EVALUATION OF PROPOSALS” (FOR A ONE
              STEP MILITARY FAMILY HOUSING PROJECT).

EXHIBIT 3     SAMPLE SECTION 00120 "EVALUATION OF PROPOSALS” (FOR A TWO
              PHASE MILITARY FAMILY HOUSING PROJECT, INCLUDING AN OPTION
              STIPEND FOR UNSUCCESSFUL PHASE II OFFERORS).

EXHIBIT 4     THE PROBLEM WITH SCORING PRICE.

EXHIBIT 5     THE PROBLEM WITH EQUATING PRICE WITH POINTS.

EXHIBIT 6     EXCERPT FROM AMC GUIDE "THE BEST VALUE APPROACH TO
              SELECTING A CONTRACT SOURCE."

EXHIBIT 7     SAMPLE OF ADJECTIVAL RATING SYSTEM WITH RISK
              INCORPORATED INTO THE RATINGS.


Discussion and Guidance for Proposal Submission Requirements:

1. One of the major tasks in the RFP preparation is the development of evaluation criteria
(the "how-to" evaluate the submitted information), their relative importance and rating
procedures. It is critical that the corporate team carefully structures the criteria and rating
systems to reflect the project needs and priorities, in order to obtain the most advantageous



Page 263 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

contract. In this session, we will cover preparation of Section 00120 of the RFP Solicitation,
entitled "Evaluation of Proposals." We will focus on various award bases, development of the
evaluation criteria, and rating systems. The actual process of evaluating proposals is covered
in another section of the Design-Build Construction Course material.

2. During the meeting referenced in the previous section on "Proposal Submission
Requirements," the project team or designated team personnel will develop criteria to
evaluate the proposal submission information. The team will structure the evaluation criteria
to meet the acquisition strategy.

3. Section 00120 of the Solicitation must provide offerors information describing how the
Government will evaluate their proposals. Each evaluation factor must correlate directly with
a proposal submission instruction in Section 00110 “Proposal Submission Requirements”.
Section 00120 must clearly identify all evaluation factors and sub-factors that will be
considered in making the selection decision and their relative importance. The criteria inform
offerors of all significant considerations in selecting the contractor and the relative importance
that the Government attaches to each of these considerations. Offerors should be able to
understand the basis upon which the Government will evaluate their proposals and how they
can best prepare their proposals. This information can help offerors focus on those aspects of
the mission objectives where additional value can be important and to better respond to our
needs by emphasizing those things we state are most important.

4. The two broad categories of proposal submission requirements covered in the last section
have corresponding criteria for evaluation purposes. FAR 15.304 requires evaluation of
price/cost and quality criteria in every competitively negotiated source selection. Quality will
normally include, as a minimum, “Performance Capability” criteria and often,
“Technical/Design” criteria. Within these categories, the criteria will be further delineated as
"factors" and "sub-factors", depending upon the necessary level of complexity to meet the
acquisition strategy.

5. A key portion of Section 00120 is the "BASIS OF AWARD" paragraph. This paragraph
informs the offerors of the basis for selection of the proposal that offers the most advantage
in meeting the Government's objectives. The acquisition strategy for the specific project will
determine the basis of award of the design-build contract. This strategy primarily depends on
what are the most important project criteria, e.g.:

-      Best Price?

-      Comparative "Quality"?

           o Technical/Design?
           o Performance capability?

-      Price and Quality equally important?




Page 264 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

6. There are two general approaches under the "Best Value Continuum," as described in
FAR 15.101, to select the most advantageous alternative in source selection. They are the
"Lowest Priced, Technically Acceptable Proposal," and "The Price/Quality Trade-off
Process."

7. In some instances, using the lowest cost, technically acceptable proposal approach will
result in selection of the most advantageous alternative. Under this selection approach, the
Government states its minimum requirements in the solicitation and in 00120. The
Government evaluates the Quality proposals, using a "go/no-go" (pass/fail) rating system,
and awards to the responsible offeror that submits a technically acceptable proposal at the
lowest evaluated price/cost.

8. This approach may be appropriate for projects with little or no innovation allowed, where
special or unique qualifications are not important. Price is always the most important criteria
under this approach. There are some potential pitfalls involved in using go/no-go evaluation
factors, which will be discussed later. In addition, the D-B Constructor may exert price
pressure on his A-E subcontractor, in those arrangements. In most states, registered
architects and engineers are prohibited from competitively bidding their professional services
when the selection is to be based on price. The Brooks Act similarly prohibits selection of an
A-E firm on the basis of price/cost on a normal design contract. Although, we do not require
offerors to obtain bids from A-E subs, this price pressure could be a deterrent to participation
by the best design firms.

9. The Price/Quality Trade-off approach is appropriate when it is necessary to make
comparative evaluations of other factors in addition to price in choosing the most
advantageous offer. This approach is appropriate when it is likely that variations in industry
design solutions and/or capabilities can result in a better project AND there is rationale for
AND willingness by the using (funding) agency to pay more money to select a firm offering
more advantage than the lowest priced, technically acceptable offeror.

10. The Price/Quality Trade-off approach allows the Government greater flexibility in
developing selection criteria. The Government may subjectively compare technical and cost
factors and determine the value of relative strengths, weaknesses, and risks of the offers.
Generally, criteria are evaluated using rating systems, which involve relative comparisons
with some standard, as discussed below. It enables selection of the best approach to the
RFP among a range of possible approaches. It increases the likelihood of selecting a design-
build contractor who is most likely to succeed in quality, time and cost.

11. When using the Trade-off approach, the Government must state the relative importance
between cost or price and the non-cost factors in the solicitation.

12. The Government can designate price as the most important criteria. With this approach, a
target cost ceiling or a cost limitation is sometimes identified in the RFP. This best value
trade-off approach can offer advantages similar to the lowest priced, technically acceptable
offer, while allowing the Government some (small) flexibility to select other than the lowest
price offer, provided that the benefits strongly justify the payment of the additional costs.




Page 265 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



13. The Government can designate price and quality as equally important criteria. This will
probably be the case in most design-build acquisitions. With this approach, a target cost
ceiling or a cost limitation is usually identified in the RFP. When price and quality are equally
important, the Government performs an in-depth "cost/technical quality" trade-off analysis,
comparing the relative technical and cost advantages and disadvantages of the various
proposals. The Government then determines whether a higher cost proposal offers sufficient
quality advantages over lower cost proposals to justify the price difference. These evaluation
procedures will be covered in more detail later in the course.

14. The Government may designate quality as the most important criteria, with price being
fair and reasonable and realistic for the selected design and market conditions. With this
approach, a target cost ceiling or a cost limitation is also usually identified in the RFP. A
variant which should be strictly reserved for projects where the Government is sure and can
verify that the desired scope and quality of the project will require the full dollar amount
identified. Projects, which can be well built for less than the target cost limit, should generally
not be advertised this way. This approach, in such a case, could easily result in waste,
inflated prices and inclusion of unnecessary design features, beyond those necessary to
satisfy the Government's needs.

15.    There are potential pitfalls in using the Trade-off approach. It is an inherently
subjective process, therefore more difficult to evaluate and document. It takes more time,
trained resources, and involves more cost than the lowest cost, technically acceptable
proposal approach. Evaluation criteria must accurately reflect the Government's
requirements. Selecting the wrong criteria, improperly weighting the criteria or omitting criteria
may lead offerors to place emphasis on the wrong criteria or may result in award to an offeror
that isn't the most advantageous to the Government. Using too many factors dilutes
consideration of those truly important.

16. A lowest priced, technically acceptable acquisition approach includes only those factors
necessary to assess each offeror's understanding and minimum compliance with the project
requirements. A Trade-off approach may also include the use of this type criteria, if
necessary. In addition, a Trade-off approach includes factors that reveal substantive
differences or variance between offers, to allow a comparative evaluation, in order to warrant
paying more for the "additional value." Section 00120 should identify all factors and sub-
factors used to evaluate proposals.

17. “Evaluation standards” normally establish the minimum level of compliance with the RFP
for a factor or sub factor. Evaluators use standards as a tool to determine whether a
proposal meets, exceeds or does not meet requirements established in the RFP. Standards
permit evaluation of each proposal against a baseline rather than against each other and
promote consistency in rating proposals. Standards should be developed concurrently with
development of the evaluation criteria. The solicitation should identify the minimum standard
where possible, especially the “Design-Technical” criteria. It’s redundant to repeat standards
in Section 00120, if they’re stated elsewhere in the RFP. In addition, if the standards are
repeated in separate sections, each time the Solicitation amends a standard, both sections




Page 266 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

require coordinated changes. Section 00120 should describe each factor and significant sub
factor that the Government is evaluating. Evaluation criteria may be described in greater
detail in internal Government evaluation guides, but Section 00120 should generally describe
how the proposal information will be evaluated.

18. The A-E hired to prepare the RFP or the design agency's design team will develop the
Technical Design evaluation criteria. Criteria should relate directly to the proposal submittal
requirements. The criteria should be based on information deemed necessary to evaluate
each offeror's understanding of the project requirements and/or assess to what extent the
offeror meets or exceeds the minimum requirements. Appendix C of the USACE Design-
Build Instructions includes sample design-technical criteria. This document can be found at
the Huntsville Engineering and Support Center's "Techinfo" website.

19. Exhibit 1, herein, contains technical design evaluation criteria for a “full criteria” approach
project, where the design solution has been considerably developed, with less innovation and
flexibility allowed. Notice how a full criteria approach can also include “go/no-go” evaluation
criteria.

20. Exhibit 2 contains evaluation criteria for a family housing project, using the “nominal ”
approach, where the design solution is less developed, with more performance oriented
design criteria. Notice the contrast between this proposal evaluation criteria and that in the
first example. In Exhibit 2, a large share of the evaluation criteria are comparative, with
respect to some minimum or desired standard. Exhibit 3 is the same family housing project
as Exhibit 2, except that it is a Two Phase acquisition, using the FAR 36.3 Two Phase
acquisition method.

21. There are several key areas under "Performance Capability", critical to the success of the
typical design-build project. First, Section 00120 of the RFP should include evaluation criteria
for several aspects of the offeror’s “design-build organization.” The Contractor might or might
not have extensive experience in design-build construction. In D-B, the Contractor now
becomes the sole point of responsibility for both providing a design solution, meeting the
design criteria and for constructing the project to that criteria. The design-builder must
successfully manage the design process and schedule, in addition to the construction
process and schedule. The design-builder must develop the best "value" tradeoff combination
between schedule, design quality, construction material quality, etc. to meet the budget and
to satisfy the owner. The design-builder must warrant the design in addition to the
constructed product.

22. The design-builder must be effectively organized to meet these additional challenges.
The home office must have the capability and commitment to provide the necessary
resources and support to the jobsite office, along with other ongoing and anticipated work.
The jobsite office must be able to maintain visibility and control of the design and construction
schedule. The design-builder must be able to effectively manage and orchestrate subcontract
performance to maintain schedule, budget and quality. The design-builder must establish
effective design and construction quality control organizations. Often overlooked are the
processes necessary to complete construction and effect turnover to the owner. The design-




Page 267 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

builder must manage and implement an effective commissioning, testing training and turnover
program. The warranty program may often include reviews and corrections due to design
errors or omissions, discovered after occupancy by the owner.

23. Most of the actual construction work will probably be subcontracted. In Trade-off
acquisitions, the Government should require that the design-builder identify, for evaluation
purposes, those key subcontractors it will actually use in those trades where successful
performance is critical to the success of the project. This is not usually as important when the
basis of award is the lowest priced, technically acceptable offer, where price, not comparative
experience, is the most important factor. An exception is when there is a critical trade(s)
involved, requiring specified minimum experience to qualify. In best value, we should
evaluate the key subs actually to be used. Realize that this may cause the price to be higher
than if we allow the prime contractor to "bid shop" after award. However, subcontractors play
an important role during both design and construction. They will be heavily involved in the
value engineering aspects of the design and their management capabilities (especially on
fast track projects) can make or break the project.

24. The RFP should include evaluation criteria for the design-builder’s “key personnel.”
Designers must be registered and should be familiar with local codes, regulatory and
permitting requirements, normally specified in the contract. Many states require those
professionals submitting environmental permit applications (e.g., sewer, water extensions,
treatment plant designs, storm water run-off facilities, etc.) to be registered in the state
involved.

25. The design-build project’s success will be heavily dependant upon the management and
scheduling capabilities of the design-builder's key project management personnel. They must
monitor design progress to ensure quality, constructability, economy and value in the design.
The key personnel must be able to successfully balance the needs and interests of the
owner, prime, designers, and subcontractors.

26. Analyzing recent, relevant experience of the prime, the design firm, and proposed key
subcontractors (if key work is subcontracted) is one of the most useful evaluation tools
available. The government performs a "performance risk assessment" of the probability of
success, based on the performance design-build team's past experience.

27. There are two distinct major aspects of experience to evaluate. They are:

-     The "extent" of recent, relevant experience and
-     The team member's "past performance" on those projects.
-
You should evaluate both of these distinct aspects of experience, separately.

28. “Experience" is often limited to construction projects completed approximately 3 years
prior to the proposal submission date and designs completed within 3-5 years prior to the
proposal submission date (specify the number of years, based upon the state of the art of the
design involved in the new D-B project). As stated above, much of a project's success




Page 268 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

depends on a contractor's key designers and project management staff. With experience
limited to recent projects, as defined above, the chances are much higher that the contractor
will have the institutional memory to apply lessons learned and gain the advantage of the
experience of current employees. In addition, as technology advances, older project
experience may not be technically relevant to the current project, especially for designers.
Exceptions can be allowed for older projects incorporating still current state of the art design,
provided that the contractor can identify significant participation in the older project by key
employees proposed for the new project.

29. The evaluation criteria for the first aspect: "extent of recent, relevant experience," should
consider the dates, types of projects, location, number of projects, size, the offeror's role
(prime, sub, designer, etc.), key trades involved, the extent of self-performed work, extent of
involvement by current key personnel, private, Government, etc. This evaluation can allow
the Government to determine the offeror's familiarity with the proposed work.

30. The RFP should require offerors to use a standard, prescribed format, such as the
examples included in the appendices for the “Proposal Submission Requirements” section of
this Design-Build Construction course, to ensure that you obtain all relevant information and
to facilitate evaluation and comparison of like information. Not surprisingly, offerors are apt to
submit any and all projects, no matter how little relevant (e.g., they WILL take credit for a
three million dollar project when their involvement was limited to constructing sidewalks!).

31. The second aspect of experience, "past performance", refers to the "quality" of a
contractor's experience. Past performance describes the degree of success, as measured by
the owner, on recent projects. In an effort to weed out poor performing contractors and to
encourage and reward those contractors with outstanding performance records, the
Contracting Officer must consider past performance as part of the responsibility determination
for every award (see FAR 9.104). This evaluation is essentially a go/no-go responsibility
determination. In addition, FAR Subpart 15.304 requires. that the contracting officer take into
consideration the past performance records of prospective contractors in new competitively
negotiated acquisitions exceeding $100,000.

32. The Government evaluates performance of its construction contractors on all projects
over $100,000 (see FAR Part 36.201) and all A-E contracts exceeding $25,000 (see FAR
Part 36.604). The DOD uses DD Form 2626 "Contract Evaluation (Construction)", developed
by the Corps of Engineers ("CCASS"). The DOD also evaluates Architect-Engineers, using
DD Form 2631 ("ACASS"). The Corps of Engineers’ Portland District maintains the DOD
Databases for both CCASS And ACASS.

33. The proposal evaluation team has latitude to use information on public and private
projects. Some sources are the ACCASS and CCASS ratings, contractor supplied
references, personal knowledge, etc. Require the offerors to identify the owner's reference
point of contact, including name, title, and phone number. This information is included in the
sample formats for proposal submission material, in the previous section of this course.




Page 269 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

34. In establishing past performance evaluation criteria, the Government must consider the
degree to which the offeror has met or exceeded the technical, cost, schedule and quality
objectives of the prior contracts. The team compares this information with identifiable and
relevant areas of the offeror's proposal for the present acquisition and makes an overall
performance risk assessment regarding the offeror's likely or expected performance on the
present acquisition.

35. Like the "extent of experience" aspect, a period of three years is recommended as a cut-
off limit for evaluation of past performance. Otherwise, previous poor performers would not be
offered the opportunity to take advantage of corrective actions taken, lessons
learned/applied, new personnel, corporate growth, etc.

36. The Federal Acquisition Streamlining Act of 1994, "FASA", prohibits the Government from
penalizing firms with no "past performance"' record, so that new firms may have the
opportunity to compete. Therefore, the Government must rate past performance neutrally for
such (See FAR 15.305 for guidance). However, and this is a key point - the Government
MAY consider lack of recent relevant experience, separately under the other aspects of
experience: "extent of recent, relevant experience." Thus the Government may rate the lack
of experience accordingly.

37.    In most cases the evaluation group will find some related Government or other public
or private "past performance" information for each contractor and subcontractor. Such
information will usually surface if the evaluation approach allows a broad interpretation of
relevancy or takes into account information regarding the past performance of predecessor
companies, key personnel who have relevant experience, or subcontractors that will perform
key aspects of the requirement.

38. Occasionally, however, an evaluation group cannot find any relevant information. In those
cases, you must treat an offeror's lack of past performance as an unknown performance risk,
having no positive or negative evaluative significance. This allows the Government to
evaluate past performance in a manner that is fair to newcomers. It neither rewards nor
penalizes firms without relevant performance history. The method and criteria for evaluation
offerors with no relevant past performance information should be constructed for each
specific acquisition to ensure that such offerors are not evaluated favorably or unfavorably on
past performance.

39. You may use a variety of rating methods to evaluate offerors with no past performance
history, to include assigning a zero rating on the rating scale you use; all other offerors should
then be assigned positive + or negative - ratings based upon the evaluation of their past
performance. This rating method will ensure that the offeror with no past performance record
is not afforded an advantage over offerors with successful past performance ratings or a
disadvantage with offerors who have unsuccessful past performance ratings. Note, however,
that while such an evaluation will not affect an offeror's rating, it may affect their ranking,
relative to the other offerors, depending upon the significance of the differences between
them.




Page 270 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

40. Regardless of the method selected, the solicitation must clearly describe the approach
that will be used for evaluating offerors with no relevant performance history. You can also
ease the impact on newcomers by including language in the solicitation that encourages
them to identify related past performance information for federal, state and local government
contracts, commercial contracts, key personnel, and major subcontractors. A best practice is
to use pre-solicitation exchanges of information with industry, (e.g., draft solicitation, pre-
solicitation/pre-proposal conferences) to explain the methods outlined in the solicitation that
will be used to evaluate performance risk, including offerors with no past performance history,
to help ensure that offerors understand the process and its overall significance.

41. The Section 00120 proposal evaluation criteria, as a minimum, should clearly state that:

a. The Government will conduct a performance risk assessment based upon the past
performance of the offerors and their proposed major subcontractors as it relates to the
probability of successful accomplishment of the work required by the solicitation.

b. When conducting the performance risk assessment, the Government may use data
provided by the offeror and data obtained from other sources; and

c. While the Government may elect to consider data obtained from other sources, the burden
of providing thorough and complete past performance information rests with the offeror.

42. Note that it is USACE policy that previous design-build experience is not necessary to
qualify for a design-build project. In best value acquisitions, such experience can be treated
as a bonus consideration. Such bonus evaluation criteria should consider both extent and
past performance aspects of recent design-build experience of the designer, the prime
contractor and the key subcontractors. Evidence of previous, recent teaming experience
between the proposed D-B team may also be good indicators of familiarity with D-B and
successful past performance, based on the firms' willingness to continue their association.

43. The Government often evaluates the offeror's understanding of and plans to implement
an effective quality control system to meet the contract's Contractor Quality Control
requirements. Analyze the information enumerated in the last section on Proposal
Submission requirements. Although most contracts make the contractor legally responsible
for the quality of their work, the COE quality control requirements place the contractor in a
role, unusual in private or commercial construction, of implementing a formal self-inspection
system to CONTROL the specified quality. Most contractors are used to relying on owner's
inspection personnel to identify construction or design deficiencies rather than practicing
avoidance management or self-inspection. This is an important distinction in philosophy,
which the offeror must be able to grasp and implement. Analyze effective systems and
procedures, not promises or assurances, which are easy to espouse - but more difficult to
effect.

44. In design-build construction, scheduling is usually much more critical than in construction,
alone. The design-builder must now integrate the design process with the construction
schedule. Most D-B projects incorporate "fast track" scheduling techniques in which




Page 271 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

construction proceeds, prior to completion of all aspects of the design. The design-builder
must develop and manage a schedule with logical sequences of design, design review and
comment incorporation, permitting activities, long lead item procurement, mobilization,
construction and (often) phased turnover activities. The design-builder must orchestrate all
phases of the project in order to maintain progress and avoid costly delays.

45. Schedule criteria should include analysis of the Contractor's scheduling capabilities as
well as an actual preliminary schedule for design and construction. Look for logical
progression of tasks, inclusion of the important features of work, logical durations, recognition
of the various RFP specified constraints as well as other recognizable constraints (material or
fabrication lead times, labor shortages, seasonal, manpower loading requirements and
practical limitations) upon unrestricted performance.

46. We recommend that the evaluation criteria explain that schedules shorter than the
contract duration will not receive additional consideration and may be downgraded. We
further recommend, where offerors are allowed to propose the contract duration, that the
criteria state that a proposed schedule less than the proposed contract duration will not be
acceptable. Evaluators should not be impressed with schedules which simply show an
earlier completion date than the actual specified "required contract duration." The Contractor
is essentially shifting the risk for any delays in the shortened schedule to the Government.
Be especially wary of any proposed schedule, which is shorter than the proposed contract
duration, when the RFP allows offerors to propose a shorter contract duration than a
specified maximum number of days. "Talk is cheap", unless it can be backed up, or unless
the offeror has a strong background of timely performance. Qualified team members must
carefully evaluate the schedule and determine whether it is reasonable, realistic and
achievable. Contractors can "set-up" the Government with future claims for time extensions,
impact costs, and extended overhead by purposely proposing an unreasonably short
schedule to impress the Government for award purposes. After award, they often seek to
recoup the costs and time really necessary to complete the project, as soon as the
Government needs or wants to implement criteria changes. There is little risk to the
contractor if he cannot maintain an overly optimistic schedule.

47.     If you feel that a shorter schedule is of benefit to the Government, you should consider
structuring the RFP to allow the offerors to propose the required contract duration, not to
exceed a specified upper limit. The two parties then share the risk for delays. The contractor
risks liquidated damages if it fails to complete the project, ready for use, within the bid
contract period. The Government risks delay costs if it hinders the contractor's performance.
Whether or not to bid the contract duration will depend upon the Government's restraints,
needs and priorities. It is generally not sound practice to overemphasize the weight of the
contract duration as an evaluation factor due to the possibility of Government induced delays
possibly negating the effect of the shorter duration. There is also a possibility that the
contractor will "buy-in" to the contract, with initial overhead savings, in the expectation that
Government delays will provide relief. Although there can be initial savings in job overhead
costs, contractors may seek to minimize their risk exposure by including a contingency for
possible extended overhead in their proposed price. Bonus points could be dependant upon
the offeror providing a record of solid schedule performance on other projects.




Page 272 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



48. The Contracting Officer will make a go/no-go type assessment of the successful offeror's
financial capacity to determine whether the firm meets minimum criteria for award. However,
the best value method allows the Government to make a performance risk assessment of the
strength of each offeror's financial capability to successfully complete the project. This may
be useful on very large projects, where contractor financing could be a concern. This is
normally an important consideration for OCONUS work, particularly in Central and South
America and in other developing countries. In those areas, the Government is often
unfamiliar with the contracting market. Many contractors in these countries seeking our work
are financially unstable. Qualified financial analysts should evaluate the latest Balance
Sheets and Income Statements. The evaluation should include a comparison of the claimed
financial data, such as the latest yearly "Total Sales" with the offeror's submitted experience.
Also compare the size of the new project with the financial data and submitted previous
experience information to determine if the offeror is attempting to take on more than it can
handle. Also compare the financial data with the offeror's claimed experience to see how well
they correlate. The financial data should substantiate the claimed project experience.

49. DFARS Part 215 states that "the extent of participation by" small, small-disadvantaged
and women-owned small business concerns "shall be addressed in source selection," as an
evaluation factor. Evaluation criteria shall include the extent to which offerors identify and
commit to participation by such firms, whether as a joint venture, teaming agreement, or
subcontractor. Offerors classified as "Large Business Concerns" must submit a
subcontracting plan for all acquisitions exceeding $1,000,000. This is the offeror's detailed
plan, including goals, to maximize opportunities for participation in contract performance by
such concerns. DFARS states that the solicitation may be structured to evaluate the extent of
participation separately from the subcontracting plan and should be structured to allow for
consideration of offers from small business contractors.

50. Evaluation criteria may include (DFARS 215.304):

   -      The extent to which firms are specifically identified in proposals

   -      The extent of commitment to use such firms

   -      The complexity of and variety of the work small firms are to perform

   -      The realism of the proposal

   -      Past performance of Large Business Firms complying with formal subcontracting
          plan requirements and all firms, large or small, in complying with the contract
          clauses for utilization of small, small disadvantaged, and women-owned small
          business firms

   -      The extent of participation by such firms in with respect to total value of the
          contract




Page 273 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

51. Note that DFARS 215.305 (a)(2) requires that we evaluate the past performance of all
offerors, whether large or small business, in complying with the clause 52.219-8 Utilization of
Small, Small Disadvantaged, and Women-Owned Business concerns. We must also
evaluate past performance of large business offerors in complying with the clause 52.219-9
(subcontracting plan).

52. Rating systems will be discussed later but it should be noted that there is no specific
requirement that evaluation of the Subcontracting Plan or other subcontracting evaluation
criteria be rated or scored on a comparative basis; it may be evaluated on the basis of
acceptability. AFARS Subpart 19.7 provides an evaluation system to determine acceptability
of Subcontracting Plans. This evaluation system can be used for go/no-go or for comparative
rating systems. See the examples in the appendices to this section. The evaluation scheme
should be carefully established to avoid bias for or against small business or large business
offerors.

53.    Exhibits 1, 2 and 3 contain example evaluation criteria for performance capability.
Exhibit 1 is more detailed, due to the higher complexity of heavy commercial construction in
comparison to housing developments. Commercial and industrial contractors are often much
different than residential contractors. The evaluation criteria take this into account.

54. Price or cost must be an evaluation factor in every solicitation (see FAR 15.304). The
Government must determine that the price is fair and reasonable, should determine whether
it is realistic for the scope, type and complexity of the project. The Government should
determine the offeror's clear understanding of the work and whether the price is consistent
with the offeror's technical proposal (FAR 15.404). As part of the fair and reasonable
determination, the price analysts must examine proposals to determine if they are materially
unbalanced between individual line items. An offer is materially unbalanced if it is
mathematically unbalanced (prices for some line items are significantly less than cost while
others are priced significantly higher than cost) and there is a reasonable doubt that it would
result in the lowest cost to the Government, even if it is the lowest priced offer; or if it is so
grossly unbalanced as to allowing advanced payment. The Government may reject materially
unbalanced offers.

55. There are some significant price analysis differences between "bid" acquisitions under
"IFB" procedures and negotiated "RFP" acquisitions. In an RFP, when using the Quality/Price
Trade-off Process as the basis of Award, the Government may accept other than the "lowest
evaluated price." This topic will be discussed later in the week under the "cost/technical
tradeoff analysis." The Government may reject a proposal, which is "unrealistic"; that is, it
does not reflect the offeror's understanding and coverage of the scope of work or is not
consistent with its technical proposal. The Government may reject a proposal if it appears to
be a "buy in" proposal; that is, the proposal is unrealistically low and appears to be an
attempt to "buy in" to anticipated follow-on work or the prospect of follow-on operations and
maintenance work, possible change order recovery, etc. Major concerns in a buy-in are
significant financial risk of performance on the contract, risk of the contractor's performance
dropping if the anticipated follow-on work does not materialize, etc.




Page 274 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

56.    Evaluation criteria rating systems may use a scale of words, colors, numbers or other
indicators to denote the degree to which proposals meet the standards for the non-cost
evaluation factors. "Go/No-Go'", "Acceptable/ Unacceptable", adjectival, color-coding and
narrative systems are commonly used. As of May 2001, numerical scoring systems and
numerical weighting of the relative importance of evaluation factors are no longer allowed in
Army acquisitions.

57. "Go/No-Go", "Acceptable/Unacceptable" and similar systems are used when the basis of
award will be the lowest priced, technically acceptable offer. It may also be used for some
criteria in a best value acquisition, for those factors where there will be little variation in
expected capability or, approach. It is generally used when it is necessary only to determine
minimum compliance, understanding, capability, etc., for the factor. In a best value
acquisition, for example this rating system is often used when certain Design-Technical
criteria offer little innovation or variation but the criteria is important, complex, etc. enough
that the Government considers it necessary to determine minimum understanding or
compliance with the RFP requirements.

58.    The Government can encounter potential pitfalls when basing award on the "lowest
priced, technically acceptable offer" approach. Some of the Performance Capability factors,
such as "organization" or "recent experience," are difficult to evaluate using "go/no-go" rating
systems. This factor, in particular, is essentially one of determining "responsibility" of an
offeror, similar to the Contracting Officer's responsibility determination. There have been
several protests that this type of information could have been included in an expanded
responsibility determination, thus, an IFB rather than RFP should have been used. The
decisions have upheld the use of negotiated procurement where it could be shown that the
need for discussions was reasonably anticipated or was required to negotiate contractual
terms, other factors could not be determined through the responsibility determination, etc.
Another pitfall is the difficulty of setting minimum requirements for performance capability
factors, such as extent of experience or past performance on a go/no-go basis. Case law has
established that the Contracting Officer must usually refer elimination of small business firms
because of failure to meet evaluation criteria, which appear to be "responsibility factors," to
the Small Business Administration for their determination. This slows down the acquisition
and if the SBA issues what is called a "Certificate of Competency," it will overrule the
Contracting Officer's unacceptable evaluation. The Comptroller General has denied protests
that the agency didn’t consult with the SBA, where a firm did not meet reasonably specified
minimum experience requirements; however, protests over this seem to be common.

59. A Price/Quality Trade-off acquisition, on the other hand, allows the Government to make
comparative ratings of factors, such as past performance, on other than go/no-go basis. The
Government can use rating systems which both compare each proposal to the Government's
requirements and to each other. These systems allow the Government to rate these type
evaluation criteria as "weak," without having to rate a firm as "unqualified."

60. The following discussion concerns "Numerical" rating systems, which are no longer
allowed for Army Acquisitions, due to the disadvantages as described. Numerical systems,
involve weighting the factors and sub-factors by assigning relative importance to the factors




Page 275 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

and sub-factors, using points or percentages of total points for each factor. These type of
rating systems generally allow for more rating levels and facilitates weighting of the factors.
Construction contractors have often expressed their preference for numerical scores because
it is easier for them to determine the Government's stated intent, as reflected in the assigned
relative importance of the various criteria; it is generally less subjective than other systems.
Some disadvantages of numerical scoring systems include the difficulty and importance of
assigning relative weights to the various factors and the often, unjustified air of preciseness
assumed in the weighting and evaluation of the criteria. This can be minimized through
careful, thorough planning and identification of the Government's priorities, at the time
weights are assigned to the factors and sub-factors. If available, individuals with substantial
experience should be consulted. Another disadvantage of numerical scoring systems is that
being less subjective, they allow the Government the least flexibility in making award
decisions. As a general rule, scores are useful as guides to making the decision but are not
themselves the controlling in making award. Whether a difference in overall score can be
determined to be "significant" depends upon the individual circumstances of the procurement
and other factors, such as price need to be considered. The Government must still compare
the relative advantages and disadvantages of the quality and price proposals to each other in
the decision making process. However, it is difficult to justify a selection decision if it is
inconsistent with the stated relative importance of the weighted factors.

61. Do not score price because of possible distortions that can result when arbitrary methods
are used to convert prices into scores and the practical difficulty of assigning a realistic value
to a "point". For example, one method, which has been used, is to assign the maximum
number of points to the lowest priced offer. For each of the higher priced offers, the lowest
offer is divided by the higher priced offer. The resulting coefficient is multiplied by the lowest
offeror's score to arrive at the higher priced offeror's score. This appears to be fair and
relatively easy. The problem is that it is impractical to compare a "price point" to a "quality
point". It is difficult to assign a dollar value to a quality point. Distortions can appear if the
lowest price is unreasonably low, if the lowest priced offer(s) is technically weak, etc,
rendering the comparison meaningless. Exhibits 4 and 5 show examples of possible pitfalls
associated with scoring price and with using price/quality point ratios.

62. Adjectives, such as "exceptional," "good," "acceptable," "marginal," and "unacceptable,"
are used to indicate the degree to which the proposal has met the standard for a factor. Color
codings are a variation of the adjectival system, in which a color will represent a rating or risk
level, such as: "blue" for exceptional, "green" for acceptable, "yellow" for marginal, "red" for
unacceptable, etc. These systems are more subjective than numerical systems, thus offer the
selection official the most flexibility in making the award decision. On the other hand, it is
more difficult to identify or to distinguish the relative importance of the evaluation criteria.
Although contractors prefer less subjective rating systems, like numerical systems, Adjectival
or color systems are the currently required rating systems, since May 2001.

63. Narrative statements can be used alone or in conjunction with go/no-go, adjectival or
numerical rating systems. Regardless of the rating system used, narrative statements to
indicate the strengths, weaknesses and risks of proposals with respect to the RFP




Page 276 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

requirements must support the rating. Thus the most important aspect of any rating system is
the narrative portion.

64. Narrative statements are also used after individual evaluation of each proposal to identify
the comparative advantages, disadvantages and risks to the Government between all the
offers. This is part of what is termed "the cost/technical tradeoff" analysis, to be covered later
in the Design-Build Construction course.

65. Exhibit 6 is an excerpt from the AMC Pamphlet 715-3, "A Best Practice Guide To Source
Selection." This guide is an excellent overview of the entire Best Value Source Selection
process.

66. Appendix E, in the reference section of the “Design-Build Construction” PROSPECT
course student manual, is the Army Source Selection Guide - Reference Chapter 5,
"Evaluation Factors and Sub-factors, Weights, Rating Scales, and Standards." As a guide, it
provides a good explanation for application to source selections ranging from single to highly
complete.

67. As explained in Appendix E, Chapter 5, assessing "proposal risk" is part of the evaluation
process. In describing the risk assessment methods in Section 00120, the risk associated
with the offeror's approach can be evaluated separately or can be combined with the quality
evaluation.

68. Exhibit 7 of this section is another example of adjectival rating criteria. This is much
simpler than performing a separate proposal risk assessment, an extra step. We recommend
that you keep the evaluation systems as simple as possible.




Page 277 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                                        EXHIBIT 1

    SAMPLE SECTION 00120 - "EVALUATION OF PROPOSALS”
        (FOR AN ADMINISTRATIVE OFFICE BUILDING)
Note: This example of Section 00120 describes the evaluation process, the evaluation
criteria, the rating system and the basis of award for the new office building used as sample
proposal submission requirements in the previous lesson. This is a specialized example of an
RFP developed to the "concept" level, with relatively few technical submission requirements.
This example also illustrates how a combination of rating systems can be used to meet the
Government's needs.

1.0 GENERAL

1.1 Section 00110 describes the proposal submission requirements and instructions. A
Source Selection Evaluation Board (SSEB), composed of representatives of the Corps of
Engineers and the Using Agency, will evaluate the proposals. The SSEB will utilize technical
advisors in the evaluation process, as necessary. The number and identities of Offerors are
not revealed to anyone not involved in the evaluation and award process or to other offerors.
The SSEB will evaluate proposals, using the significant factors and sub-factors described in
this part.

2.0 EVALUATION PROCESS

2.1 General:

The evaluation process essentially consists of four parts: proposal compliance review,
technical/quality evaluation, price evaluation and cost/technical trade-off analysis.

2.1.1 Proposal Compliance Review:

This is an initial check by Contracting Division on the basis of solicitation requirements. This
review may eliminate those proposals, which fail to provide both a Technical/ Quality
proposal and price proposal.

2.1.2 Technical/Quality Evaluation:

The SSEB, using technical advisors, if necessary, will evaluate only those proposals passing
the first review, above. Technical/quality evaluation consists of an evaluation and quality/risk
ratings of Volumes I and II. Some factors will be compared. Others will be rated on a "go/no-
go" basis.

2.1.3 Price Evaluation:




Page 278 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

The Government will initially evaluate price independently from the technical evaluation. Price
will not be scored, but will be evaluated for fairness and reasonableness through the use of a
price analysis. The price evaluators will also check for appearance of unbalancing of bids.
Offerors are cautioned to distribute costs and to evenly distribute indirect costs, such as job
overhead, home office overhead, bond, etc., to the appropriate bid items.

2.1.4 Cost/Technical Trade-off Analysis:

After the price analysis and technical/quality evaluations are complete, the Government will
then consider the price in connection with the technical/quality evaluation to determine the
proposal offering the most advantage to the Government. The Government will compare the
relative advantages and disadvantages of the technical proposals and will compare prices.
The tradeoff analysis will be conducted upon completion of the quality/price evaluations of
Final Proposal revisions, if communications/ discussions are necessary, or after evaluation of
initial offers, if discussions will not be necessary. Some trade-off considerations are usually
part of the process of determining which firms will be included in the competitive range for
discussions, if discussions are necessary.

3.0 EVALUATION FACTORS

3.1 General:

The SSEB will evaluate Volumes I and II in the areas (factors) listed below. In Volume I,
Architectural Compatibility (TAB A) will be evaluated, using the quality risk rating system
described later in this Part. The other factors in Volume I will be evaluated on a go, no-go
basis for minimum technical acceptability, using an adjective rating system. In Volume II the
Subcontracting plan is rated go or no-go. The other areas in Volume 11 will be rated, using
the "Quality/Risk" adjectival rating system. The relative orders of importance for the major
areas are indicated below.

Area or Factor:                Tab Location:                    Relative Importance:
Volume I - Technical Approach:

(1) Architectural Compatibility        I-A                             1st
(2) Heating, Ventilating,
     Air Conditioning (HVAC)           I-B                              **
(3) Interior Electrical                I-C                              **
(4) Exterior Electrical                I-D                              **
(5) Electronic Systems                 I-E                              **
(6) Sustainable Dev. And Design        I-F                             2nd
(7) Force Protection                   I-G                              **
(6) Sustainable Dev. And Design        I-F                             2nd
(7) Force Protection                   I-G                              **
Area or Factor:                  Tab Location:                  Relative Importance:
Volume II - Performance Capability:




Page 279 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(1) Organization                          II-A                        2nd
(2) Specific Personnel                    II-B                        2nd
(3) Specialized Experience                II-C                        1st
(4) Quality Control Plans                 II-D                        3rd
(5) Preliminary Schedules                 II-E                        3rd
(6) Subcontracting with Small,            II-F                         **
    Small Disadvantaged, and
    Women-Owned Small Business

(Note: ** = "Go/ No-Go")

3.2    Volume I - Technical Approach:

3.2.1 General:

3.2.1.1 Known non-conformance with the technical requirements of this solicitation is
unacceptable for contract award. The Government desires to be able to make award without
discussions to an offeror with a conforming proposal.

3.2.1.2 The Government will evaluate the offeror's understanding of the Scope of Work and
his approach and capability to deliver a completed facility, matching the Sparkman Center
Complex in appearance and functioning as an integral part of the Complex. Except for items
evaluated under the factor "Architectural Compatibility," the Government will evaluate and
consider materials and equipment proposed by brand name and model as a quality standard.
If the successful offeror desires to substitute manufacturers or models after award, the
substitute must meet the contract requirements and be approved by the Contracting Officer
or his Authorized Representative as equal in function, performance, quality and salient
features to that initially proposed. Any advantages over minimum RFP requirements offered
in the proposal must be provided in the approved substitute. The Contractor must provide
those items specifically proposed under "Architectural Compatibility." The Government does
not desire materials or products exceeding the minimum specified requirements, if the
upgraded products increase the cost to the Government. Evaluation of proposals is not
intended to warrant approval of products submitted in response to this solicitation. All
products must comply with the contract requirements in order to be approved after award, in
accordance with the submittal procedures in the contract.

3.2.2 Architectural Compatibility:

This factor will be rated, using the Quality/Risk Rating Criteria. The SSEB will evaluate the
degree of Compatibility and potential match in appearance of the following building materials:
pre-cast architectural concrete panels, standing seam metal roofing, window and storefront
glazing system, carpet, and movable wall. The SSEB will evaluate characteristics, which will
allow easy movement of walls, HVAC ducts, electrical and communications outlets without
alteration to the permanent structure. Where more than one product is under consideration,
the evaluation will be based on the weakest or least desirable alternative.




Page 280 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


3.2.3 Other Technical Approach Areas, Except Sustainable Development and Design :

The SSEB will evaluate the other Volume I systems for conformance to the specified
requirements in the Solicitation and assess the Offeror's understanding of the RFP
requirements.

3.2.4 Sustainable Development and Design:

The SSEB will evaluate the design proposal for demonstration that the proposal meets the
minimum rating requirements for a “Bronze Rating”, utilizing the Sustainable Project Rating
Tool (SPiRiT). Additional consideration will be given for a proposal, while utilizing cost
effective products, materials and design aspects, achieves a higher rating than “Bronze.”
The higher the rating, theoretically, the more consideration allowed, provided that the design
solution is cost effective and provided that the Government receives benefits commeasurable
with the added cost, if any.

3.2.5 Volume I "Go. No-Go" Rating System:

The SSEB will assign an adjective rating of "Outstanding," "Acceptable," "Marginal," or
"Unacceptable" to each factor in Volume I, except "Architectural Compatibility," which will be
rated, using the Quality/Risk Rating Criteria.

3.2.5.1. An "Outstanding" rating signifies that the proposal factor meets all RFP
requirements and offers useful innovation(s) or other significant advantage(s) to the
Government over minimum RFP requirements. These will be considered in the
Cost/Technical trade-off analysis.

3.2.5.2 An "Acceptable" rating signifies an adequate overall presentation; the proposal
factor meets minimum RFP requirements. If the proposal meets requirements but contains
disadvantages to the Government, they may be considered in the Cost/ Technical trade-off
analysis.

3.2.5.3 A "Marginal" rating signifies that the proposal factor fails to marginally meet some
requirements; contains some deficiencies or disadvantages so strong that they are
unacceptable to the Government without discussions and correction; or low probability of
success is predicted; and, substantial improvement is necessary. *The proposal is
susceptible to being made acceptable through normal discussions and a reasonable amount
of revision.

3.2.5.4 An "Unacceptable" rating signifies that the presentation is inadequate to determine
conformance with the RFP; or fails to meet the minimum requirements; and needs major
revision to make it acceptable. The proposal might not be susceptible to being made
acceptable through normal discussions and resubmission, if allowing the offeror "another
chance" (major revision) would be unfair to other offerors. This rating could result in
elimination from the competitive range for discussions, if significant.




Page 281 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

3.2.5.5 If any portion of the proposal is marginal or unacceptable, this condition will cause the
rest of the proposal to be less than acceptable, preventing Contract Award to that offeror.

3.3    Volume II - Performance Capability:

3.4 The SSEB will evaluate Performance Capability in the six areas listed below. Specialized
Experience is the most important factor, when the bonus sub-factors are considered.
Organization and Specific Personnel are equal and next most important factors. Preliminary
Quality Control Plans and Schedule are equal and are less important than Organization or
Specific Personnel. The subcontracting plan is rated "go or no-go," as described above. The
following narrative describes sub-factors under the main factors and their relative importance,
within each factor.

3.3.1 Organization.

The Government will evaluate the clarity and adequacy of the organization and management
capabilities.

3.3.1.1 The Government will evaluate how well the home office can and will support the
project execution. The Government will evaluate corporate ability to support this project and
other on-going and new work. The Government will evaluate how well the design office can
handle this workload with other on-going and new work. The Government will evaluate how
well the Field Office assumes the non-traditional role of value engineering the design, and as
ORCHESTRA LEADER of the integrated design and construction process, including
involvement of all the subs and the designer.

3.3.1.2 The Government will evaluate how strong the design builder management capabilities
are in coordinating multiple tasks, budgets and schedules.

3.3.1.3 The Government will evaluate compliance with Contract Clause Performance of Work
by the Contractor. The Government desires and expects personal involvement and control
over project execution, not a "broker". The Design-Builder must meet the minimum specified
percent of self-performed work to insure active involvement of the prime contractor in the
project.

3.3.1.4 The Government will evaluate the adequacy of the material and subcontractor
procurement organization and methods. The Government will evaluate the D-B's capabilities
in managing subcontract schedule, quality, cost and integration of the design disciplines.
Other examples include: Is there adequate on-site staff or is it relegated to the home office
staff to manage remotely? Does the D-B have pro-active or passive management controls?

3.3.1.5 The Government will evaluate how key trade subcontractors will be involved in the
design development to maximize constructability and to optimize budget and schedules.

3.3.1.6 The Government will evaluate the D-B's capabilities and plans for providing training
and ability to respond to warranty requirements.




Page 282 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



3.3.2 Specific Personnel.

The Government will evaluate the adequacy and strength of key personnel assignments
cover necessary design disciplines and construction to staffing requirements, for compliance
with registration or degree of qualification and experience, familiarity with local conditions,
U.B.C., C.O.E., and standard building codes and standards, etc.

    (1)      Designers and design management (more important).
    (2)      Construction management personnel (slightly less important).

3.3.3 Specialized Experience.

The Government will evaluate both the extent and quality ("past performance") of recent
experience of the prime, key subcontractors, and design firms. If the design or key work items
will be accomplished in-house, then those sub factors will be so rated. Recent experience
includes projects completed within approximately 3 years preceding the proposal due date
and projects currently underway. Experience prior to 3 years ago will not be given
consideration, unless the key personnel proposed for this project played a significant role in
the earlier project and the project can be shown to be similar to this project. An offeror
submitting older project experience must make clear the extent of involvement in those
projects by current key personnel, and clearly describe how the older project is similar to this,
considering changes in technology, materials, equipment, codes, etc. The Government
reserves the right to verify previous performance by reviewing the Corps of Engineers
Construction Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS)
or to interview any or all cited references to verify supplied information and/or to assess
owner satisfaction (past performance).

3.3.3.1. "Extent" of Recent Related Experience: (Greater Share of Experience Factor.)

In addition to the above criteria, other considerations include criteria such as extent of recent,
successful experience, degree of relationship of such experience to this project,
demonstrated familiarity with applicable codes and local conditions. Some examples of
relevancy to this project may include, but not be limited to:

-         Number, Size, Type Work, Location

-         Dates (Completion Within Last 3 Years)
-         Firm's Role and Work Self-Performed

-         Extent of Participation by Current Key Personnel to Help Validate "Corporate Memory"
          or Corporate Experience

No previous design-build experience is necessary to qualify for award, however bonus
consideration will be given for recent, successful D-B experience. The amount of additional
consideration will depend upon such criteria as extent of recent experience, project(s) scope




Page 283 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

as relates to this project, degree of success from the owner's standpoint ("past
performance"), etc., listed in relative order of importance for:

(1)    Prime Construction Contractor

(1)    Design Firms

(2)    Key Trades/Subcontractors

No previous D-B team experience is necessary to qualify for award of this project, however,
bonus consideration will be given for recent, successful D-B team experience between the
prime constructor and design firm(s). The amount of additional consideration will depend
upon such factors as degree of success from the owner’s perspective, degree of success
from the D-B team's perspective (e.g., from an assessment of their willingness to continue
their association for this project), extent of team experience, degree of similarity between
previous project scope and this project, etc.

3.3.3.2 "Past Performance." (Next most important share of experience factor.)

The Government will perform a risk assessment, considering the degree of success of the D-
B team's recent experience. Past performance refers to the quality of recent project
experience from the owner's perspective. Owners/ references may be asked to comment on
items such as quality of design or construction, timeliness, management of the work
subcontractor management, including timely payment to subs or suppliers, safety, relations
between owner and designer or contractor, level of support for such things as as-built
documentation, O&M manuals, training, correcting design or construction errors, warranty
work, etc.

The Government may consider:

- Government Evaluation CCASS, ACASS, other agencies)

- Owner evaluations

- Offeror-furnished references

- Other sources, including personal knowledge of recent performance

The "past performance" aspect of specialized experience, where the firm does not have any
relative past performance history, will be rated neutrally ("Acceptable"). However, the "extent"
of recent, related experience aspect might be downgraded where the offeror cannot
demonstrate a history of recent, related experience by the firm or cannot tie relevant
experience of key personnel proposed for this project to the extent of related experience
factor.




Page 284 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


3.3.3.3 Sub-factors to be considered under Recent Experience and Past Performance in
relative order of importance:

(1)    Prime Construction Contractor

(1)    Design Firms (Design Firms will also be rated on their qualifications and experience in
sustainable development and design, based on the US Green Building Council’s LEED
Green Build Reference Guide.)

(2)    Key Trades/Subcontractors (if any)

3.3.4 Plans for Quality Control.

The preliminary quality control plans will be evaluated for such factors as adequacy and
strength of the offeror's understanding of contract requirements for Contractor Quality
Control, the offeror's degree of commitment and systematic approach to effectively monitor
and ensure high levels of design and construction quality. There is no need to provide the
final plans with details of each specification section for proposal submittal. The SSEB will be
more concerned with substance and capabilities than with "flowery" assurances or promises
of quality.

3.3.4.1 The C.Q.C organization and personnel will be evaluated under those separate
factors, not this factor.

3.3.4.2 Sub-factors, listed in relative order of importance:

Construction plan

Design plan

3.3.5 Schedule.

There are two sub-factors listed in relative order of importance:

3.3.5.1 Logic and Reasonableness:

The SSEB will evaluate the schedule to assess the strength of understanding of the project
scope, restrictions which must be considered in the schedule, the strength of understanding
of events associated with coordinating design submittals and incorporating review comments,
the offeror's capability to schedule the complete project within the proposed contract duration
and the realism of the schedule. A proposed contract duration shorter than the maximum
allowed duration will receive additional consideration, provided it is realistic and deemed to
be achievable. An unreasonably condensed contract duration, which places additional cost
or schedule risk on the Government will not receive any additional consideration. The
offeror is also cautioned that a schedule indicating completion substantially sooner
than the proposed contract duration will not receive positive consideration, inasmuch




Page 285 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


as risk for delays and associated impact costs between the scheduled completion and
contract duration may be unfairly shifted to the Government.

3.3.5.2 Scheduling Capability:

The SSEB will evaluate the scheduling capability and project planning to assess the
adequacy and strengths of the Offeror's capability to develop logical, realistic progress
schedules and keep them up to date as the project proceeds.

3.3.6 Subcontracting Plan for Large Business:

The plan will be evaluated for acceptability (go/no-go) in accordance with AFARS 19.705. To
be acceptable, subcontracting plans must:

3.3.6.1 Adequately address the six required statutory elements.

3.3.6.2 Provide sufficient information to enable the Contracting Officer to answer affirmatively
questions A through H of Appendix CC, Part 2, Number 8, (AFARS 19.705).

3.3.6.3 Any subcontracting plan that is rated 70 percent or less under the AFARS evaluation
system will be carefully considered for acceptability. If discussions with offerors are
necessary, those areas where the plan is deficient will be reviewed with the offeror with the
goal of correcting deficiencies. Due to requirements for review of the successful offeror's
subcontracting plan by other agencies, the Government reserves the right to negotiate the
final plan with the successful offeror before award.

3.3.7 Past Performance in Utilization of Small. Small Disadvantaged, and Women-
Owned Small Business Subcontractors (All Offerors, Whether Large or Small
Businesses):

The SSEB will evaluate the offeror's presentation of facts, details, and narratives which
identify the firm's efforts and degree of success in complying with FAR Clause 52.219-8,
Utilization of Small, Small Disadvantaged, and Women-Owned, Small business Concerns or
similar requirements of other Government agencies or non-Government contracts. Past
performance will be evaluated, using the Go/No go rating system described in paragraph
3.2.3.1. The SSEB will evaluate the effectiveness of the offeror's efforts to solicit and degree
of success in subcontracting labor or materials to such firms. "Outstanding" or "marginal"
ratings may be taken into account in the Cost/Technical trade-off analysis.

4.0 TECHNICAL/QUALITY EVALUATION, WRITE-UP, AND GENERAL QUALITYIRISK
RATING

4.1 Definitions.

4.1.1 Deficiency. Any part of a proposal that fails to satisfy the minimum requirements
established in the solicitation. The evaluators will identify the solicitation requirement, and




Page 286 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

describe why the proposal fails to adequately meet the requirements. All deficiencies
discovered will be identified to the offeror during negotiations, if conducted, and in the
debriefing. Failure by an offeror to rectify a proposal deficiency deemed material will preclude
award action to that offeror. The Contract requirements take precedence over deficiencies
(or deviations) discovered after award.

4.1.2 Deviation. Proposal implies or specifically offers a deviation below specified criteria.
The offeror may or may not have called the deviation to the Government's attention. A
deviation is a deficiency. The technical reviewers will identify deviations. The contract
normally can't be awarded with material deviations.

4.1.3 Weakness. A flaw in the proposal that increases the risk of unsuccessful performance.
A "significant weakness" is a flaw that appreciably increases the risk of unsuccessful
performance.

4.2    Quality Evaluation and Scoring System.

4.2.1 The Review:

The members of the SSEB will review the proposals, with the support of technical advisors,
as deemed necessary, and rate the quality of each scored evaluation factor. As part of the
evaluation, the SSEB will assess the performance risk of the past performance and relevant
experience sub-factors. The SSEB will also assess the risk associated with the offeror's
proposed approach to the RFP. The SSEB will rate each proposal against the specified
evaluation criteria in the RFP requirements. They will not compare proposals at this time.
After proposals are rated, the SSEB will compare relative advantages, disadvantages and
risks of proposals against each other.

4.2.2 Quality Review Write-up:

The SSEB will support each evaluation factor rating with a narrative, separately listing all
strengths or advantages, weaknesses, or disadvantages, deficiencies, and required
clarifications. No comments are necessary to support an "excepted" rating.


4.2.3 Quality/Risk Rating Scoring Guidelines:

Except for bonus type evaluation criteria, the Volume I adjective rated factors, the
subcontracting plan, and past performance in utilization of small, small disadvantage, and
women-owned small business concerns, the SSEB will rate the other evaluation factors,
utilizing the following banding method:

Unsatisfactory                      Proposal doesn't meet the minimum specified
                                    requirements for this item. Proposal meets some but not
                                    all the RFP requirements for this item (Material
                                    deficiencies in the final proposal; material deficiencies in




Page 287 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                                   the initial proposal which are of such magnitude to require
                                   essentially a new proposal for this item, a major effort to
                                   rewrite or essentially new approach to the solution.).
                                   Proposal does not address all required RFP criteria; little
                                   or no experience or such poor record of performance to
                                   the extent that probability of success is questionable
                                   without further explanation by offeror (unacceptable
                                   performance risk).

Marginal                           Proposal meets the minimum RFP requirements, but
                                   offers disadvantages outweighing other advantages.
                                   Examples: little or no experience cited and/or adverse
                                   past performance record; probability of success
                                   considered less than full confidence (high performance
                                   risk); weak presentation; mimics RFP language rather
                                   than expressing offeror's approach or understanding of
                                   the RFP; or proposal contains significant deficiencies in
                                   the initial proposal which are deemed highly susceptible to
                                   correction through reasonable discussions, without
                                   requiring essentially a new approach to the solution.

Satisfactory/Acceptable            Proposal meets the minimum RFP requirements for this
                                   item, but does not offer any significant advantage to the
                                   Government over basic RFP requirements. Average
                                   experience; average past performance or understanding
                                   of requirements; good probability of success (acceptable
                                   performance risk); adequate presentation; "No Past
                                   Performance Record" - unknown risk - neutral past
                                   performance rating.

Above Average                      Proposal meets all RFP requirements, and has salient
                                   features, which offer significant advantage to the
                                   Government. Examples: potential cost savings;
                                   scheduling advantage; process efficiency; aesthetics;
                                   function; ease of Government administration or other
                                   criteria established by the SSP; strong commitment and/or
                                   understanding of requirements; extensive experience;
                                   very good past performance record; high probability of
                                   success - low performance risk).

Outstanding                        Same as above, except the degree of advantage is
                                   considered great. The offeror greatly exceeds the scope
                                   of the solicitation requirements in all aspects of the
                                   particular factor or sub-factor. The offeror also provides
                                   significant advantage(s) and exceeds the solicitation
                                   requirements in performance or capability in an




Page 288 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                                    advantageous way and has no apparent or significant
                                    weaknesses or omissions.

5.0 THE SELECTION PROCESS.

5.1    The Government will perform the previously discussed cost/technical trade-off analysis
to determine which proposal is most advantageous to the Government, then advise the
Selection Authority of the proposal which is considered most advantageous to the
Government.

6.0    AWARD OF CONTRACT.

6.1     The Government will award a firm fixed-price contract to that responsible offeror
whose proposal, conforming to the solicitation, is fair and reasonable, and has been
determined to be most advantageous to the Government, technical (Technical Approach and
Performance Capability), price and other factors considered. The rated technical evaluation
criteria and price are considered equal. As technical ratings and relative advantages or
disadvantages become less distinct, differences in price between proposals are of increased
importance in determining the most advantageous proposal. Conversely, as differences in
price become less distinct, differences in ratings and relative advantages and disadvantages
between proposals are of increased importance to the determination.

6.2     The Government reserves the right to accept other than the lowest offer. The right is
also reserved to reject any and all offers. The basis of award will be a conforming offer, the
price or cost of which may or may not be the lowest. If other than the lowest offer, it must be
sufficiently more advantageous than the lowest offer to justify the payment of additional
amounts.

6.3   Offerors are reminded to include their best technical and price terms in their initial offer
and not to automatically assume that they will have an opportunity to participate in
discussions or be asked to submit a revised offer. The Government may make award of a
conforming proposal without discussions, if deemed to be within the best interests of the
Government.




Page 289 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                        EXHIBIT 2
   SAMPLE SECTION 00120 "EVALUATION OF PROPOSALS"
   (FOR A ONE STEP MILITARY FAMILY HOUSING PROJECT)
Note: This is an example of a one step RFP, developed to the "Nominal" level, with
substantial submission requirements.

This is a sample of a specific project. Your project may vary in importance of specific
factors. See TI 801-02, "Technical Instructions - Family Housing" for general, current
guidance.

1.0 GENERAL

1.1 Section 00110 describes the proposal submission requirements and instructions. A
Source Selection Evaluation Board (SSEB), composed of representatives of the Corps of
Engineers and the Air Force, will evaluate the proposals. The SSEB will utilize technical
advisors in the evaluation process, as necessary. The number and identities of Offerors are
not revealed to anyone not involved in the evaluation and award process or to other offerors.
The SSEB will evaluate proposals, using the significant factors and sub-factors described in
this part.

2.0 EVALUATION PROCESS

2.1 General:

The evaluation process essentially consists of four parts: proposal compliance review,
technical/quality evaluation, price evaluation and cost/technical trade-off analysis.

2.1.2 Proposal Compliance Review:

This is an initial check by Contracting Division on the basis of solicitation requirements. This
review may eliminate those proposals, which fail to provide both a Technical/ Quality
proposal and price proposal.

2.1.3 Technical/Quality Evaluation:

The SSEB, using technical advisors, if necessary, will evaluate only those proposals passing
the first review, above. Technical/quality evaluation consists of an evaluation and quality/risk
ratings of Volumes I and II, using the rating system described, herein.

2.1.4 Price Evaluation:

The Government will initially evaluate price independently from the technical evaluation. Price
will not be scored or rated, but will be evaluated for fairness and reasonableness through the
use of a price analysis. The price evaluators will also check for appearance of unbalancing of




Page 290 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

bids. Offerors are cautioned to distribute costs and to evenly distribute indirect costs, such as
job overhead, home office overhead, bond, etc., to the appropriate bid items.

2.1.4 Cost/Technical Trade-off Analysis:

After the price analysis and technical/quality evaluations are complete, the Government will
then consider the price in connection with the technical/quality evaluation to determine the
proposal offering the most advantage to the Government. The Government will compare the
relative advantages and disadvantages of the technical proposals and will compare prices.
The tradeoff analysis will be conducted upon completion of the quality/price evaluations of
Final Proposal revisions, if communications/ discussions are necessary, or after evaluation of
initial offers, if discussions will not be necessary. Some trade-off considerations are usually
part of the process of determining which firms will be included in the competitive range for
discussions, if discussions are necessary.

3.0 QUALITY EVALUATION CATEGORIES: The proposals are divided into two major areas
for quality evaluation: Technical Design and Performance Capability. Below is a breakdown
of the relative importance of each major factor:

3.1 Performance Capability – Volume I:                  Relative Order of Importance___
                                                        Within Volume I:         Overall:
I.      Relevant Experience                             1                        2
II      Offeror Past Performance                        1                        2
III     Key Personnel                                   1                        2
IV      Management Plan                                 2                        3
V.      Subcontracting to Small,                                                 Go/No-Go
        Small Disadvantaged, and
        Women-Owned Small Business
VI.     Past Performance in Subcontracting              3                                5

Areas I - III are the most important factors, slightly more important than Area IV and significantly more
important than Area VI. Subcontracting will not be competitively scored but will be evaluated for
minimum acceptability as described herein.

3.2 Technical Design Volume II:                         Within Volume II:                Overall:
I.    Housing Unit Design                               1                                1
II.   Housing Unit Gross Areas                          2                                2
III.  Housing Unit Engineering                          3                                3
IV.   Site Design                                       2                                2
V.    Site Engineering                                  4                                5

Area I is the most important factor, slightly more important than Areas II and IV. Area III is slightly less
important than Areas II and IV. Area V is significantly less important than Area I.


4.0 DETAILED EVALUATION CRITERIA:




Page 291 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.1 Performance Capability (VOLUME I):

4.1.1 Specialized Experience.

The Government will evaluate both the extent and quality ("past performance") of recent
experience of the prime, key subcontractors, and design firms. If the design or key work items
will be accomplished in-house, then those sub factors will be so rated. Recent experience
includes projects completed within approximately 5 years preceding the proposal due date
and projects currently underway. Experience prior to 5 years ago will not be given
consideration, unless the key personnel proposed for this project played a significant role in
the earlier project and the project can be shown to be similar to this project. An offeror
submitting older project experience must make clear the extent of involvement in those
projects by current key personnel, and clearly describe how the older project is similar to this,
considering changes in technology, materials, equipment, codes, etc. The Government
reserves the right to verify previous performance by reviewing the Corps of Engineers
Construction Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS)
or to interview any or all cited references to verify supplied information and/or to assess
owner satisfaction (past performance).

4.1.1.1 FACTOR I - "Extent" of Recent Related Experience:

In addition to the above criteria, other considerations include criteria such as extent of recent,
successful experience, degree of relationship of such experience to this project,
demonstrated familiarity with applicable codes and local conditions. Some examples of
relevancy to this project may include, but not be limited to:

-      Number, Size, Type Work, Location

-      Dates (Completion Within Last 5 Years)

-      Firm's Role and Work Self-Performed

-      Extent of Participation by Current Key Personnel to Help Validate "Corporate Memory"
       or Corporate Experience

No previous design-build experience is necessary to qualify for award, however bonus
consideration will be given for recent, successful D-B experience. The amount of additional
consideration will depend upon such criteria as extent of recent experience, project(s) scope
as relates to this project, degree of success from the owner's standpoint ("past
performance"), etc., listed in relative order of importance for:

(1)    Prime Construction Contractor

(1)    Design Firms

(2)    Key Trades/Subcontractors




Page 292 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



No previous D-B team experience is necessary to qualify for award of this project, however,
bonus consideration will be given for recent, successful D-B team experience between the
prime constructor and design firm(s). The amount of additional consideration will depend
upon such factors as degree of success from the owner’s perspective, degree of success
from the D-B team's perspective (e.g., from an assessment of their willingness to continue
their association for this project), extent of team experience, degree of similarity between
previous project scope and this project, etc.

4.1.1.2 FACTOR II - "Past Performance."

The Government will perform a risk assessment, considering the degree of success of the D-
B team's recent experience. Past performance refers to the quality of recent project
experience from the owner's perspective. Owners/ references may be asked to comment on
items such as quality of design or construction, timeliness, management of the work
subcontractor management, including timely payment to subs or suppliers, safety, relations
between owner and designer or contractor, level of support for such things as as-built
documentation, O&M manuals, training, correcting design or construction errors, warranty
work, etc.

The Government may consider:

- Government Evaluation CCASS, ACASS, other agencies)

- Owner evaluations

- Offeror-furnished references

- Other       sources,      including      personal knowledge of recent performance

- Etc.

The "past performance" aspect of specialized experience, where the firm does not have any
relative past performance history, will be rated neutrally ("Acceptable"). However, the "extent"
of recent, related experience aspect might be downgraded where the offeror cannot
demonstrate a history of recent, related experience by the firm or cannot tie relevant
experience of key personnel proposed for this project to the extent of related experience
factor. Offerors will be provided with an opportunity to address any negative past
performance information on which the offeror has not previously had such an opportunity.
The following areas of major consideration will be determined from evaluation of all sources
of past performance information and an overall rating provided:

(1) Quality of the Product Produced. Based on the information provided in the questionnaire
and other information the Government will access the quality of the actual constructions
produced and the standards of workmanship exhibited by the Offeror’s team.




Page 293 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(2) Adherence to Project Schedule. The Government will evaluate all information available
with respect to the Offerors completing past projects within the scheduled completion times.

(3) Management Processes. The Government will evaluate all information available with
respect to the Offerors on-site management of construction activities, subcontractors, and
any other project management consideration.

4.1.1.3 Sub-factors to be considered under Recent Experience and Past Performance in
relative order of importance:

(1)       Prime Construction Contractor

(1)       Design Firms

(2)       Key Trades/Subcontractors (if any)

4.1.2. FACTOR III - Proposed Key Personnel.

The Government will evaluate and rate the Key Personnel proposed for design and
construction management in the proposal package. The resumes and levels of responsibility
of the principal managers and technical personnel who will be directly responsible for the
day-to-day design and construction activities will be evaluated. Information should include,
as a minimum, the project manager; the project architect; landscape architect; the engineers
responsible for civil, electrical, mechanical and structural design; the quality control manager;
the site manager and the site superintendent. All designers must be registered. Data should
indicate whether each individual has had a significant part in any of the project examples
cited. If reassignment of personnel is considered possible, the names and resumes of the
alternative professionals for each assignment will be evaluated. Additional consideration will
be given to individuals who have past experience with Corps of Engineers construction
project operations and QC personnel who have completed the Corps sponsored Quality
Control Class. The qualifications and experience of the proposed key personnel accepted by
the Government will be considered the minimum acceptable criteria for any proposed
replacements during contract performance.

4.1.3. FACTOR IV - Management Plan

Offeror Management Plans and Schedules. This factor evaluates the Offeror’s Project
Management Plans as well as the proposed schedule for completion of the entire design-
build project. Through this factor, the Government will evaluate the Offeror’s understanding
of the solicitation provisions with respect to an integrated design-build process and the
associated quality control, scheduling, coordination, and contract close out provisions. The
first four sub-factors below are approximately equal in importance in the evaluation, while the
fifth is a Go/No-Go (pass or fail). The Government will evaluate the following aspects:

         Technical Approach Plan




Page 294 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


      Quality Control Plan

      Design and Construction Schedule

      Contract Closeout Plan

      Self-performed Work Plan (This is a Go/No-Go Factor)

4.1.3.1 Technical Approach Narrative.

The Government will evaluate the overall approach to executing the design-build project,
including the organization or team, if applicable, the offerors understanding of the design-
build process as well as the Offeror’s implementation plans to utilize “fast track” procedures
on this project. Particular attention will be paid to the inclusion of the major construction
subcontractors during the design process as well as the definition of the roles and
responsibilities of the various subcontractors. Offerors are cautioned not to exceed five (5)
pages of narrative. The Government review staff will review and evaluate only the information
contained on the first five pages in this section and will ignore information beyond the five (5)-
page limit.

4.1.3.2 Quality Control Plan.

The preliminary quality control plan provided by the Offeror will be reviewed and
evaluated for inclusion of specific quality control practices and requirements necessary for
the successful completion of all phases of this project. These phases include design
stages as well as construction specialties. Offeror’s plan must show the inclusion of the
Corps Three Phase Inspection process and address the implications and operations of
the Quality Control Plan and it’s integration with the Quality Assurance Operations
performed by the Government. The Government will evaluate the personnel and
qualifications of the individuals performing in the Quality Control organization under the
key personnel factor.

4.1.3.3 Design and Construction Schedule.

The schedule will be evaluated to assess the inclusion of “fast tracking” and the rational of
how the Offeror intends to comply with the submitted schedule. The schedule must
reflect a single task oriented structure for both design and construction. The schedule
will be reviewed for completeness and the inclusion of required milestones. A contract
duration that improves on the Government supplied maximum duration will be considered
more favorably during the evaluation. However, a schedule shorter than the proposed
contract duration will not be given any extra credit, because schedule risk is primarily on
the Government.

4.1.3.3.1 Logic and Reasonableness.




Page 295 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

The Government will evaluate content, logic and reasonableness of the offeror's preliminary
plan for the design and construction of the project. Consideration will be given to the phasing
and scheduling of critical activities in achieving completion of the project within the overall
specified period, with minimum disruption to the surrounding facilities. (The preliminary
schedule will be replaced after contract award with a final detailed schedule, as required in
the CONSTRUCTION SPECIAL CONTRACT REQUIREMENTS.) The preliminary schedule
will be checked to ensure that it is task oriented, indicating milestone dates and phasing in
calendar days after initial notice to proceed. The Government will evaluate the realism/
reasonableness of the proposed schedule.

4.1.3.3.2 Scheduled Completion and Proposed Contract Duration.

As stated in the bid schedule and statement of work, offerors may bid shorter contract
durations than the maximum time stated in the CONSTRUCTION SPECIAL CLAUSES for
additional consideration. Both parties shall assume that all fixed (time related) field overhead
costs are inclusive in the contract price for the full contract duration. A proposed contract
duration shorter than the maximum allowed duration will receive additional consideration,
provided it is realistic and deemed to be achievable. An unreasonably condensed contract
duration, which places additional cost or schedule risk on the Government will not receive any
additional consideration. The offeror is also cautioned that a schedule indicating
completion substantially sooner than the proposed contract duration will not receive
positive consideration, inasmuch as risk for delays and associated impact costs
between the scheduled completion and contract duration may be unfairly shifted to the
Government.

4.1.3.4 Closeout Plan. The Offeror’s closeout plan will be reviewed and evaluated to
determine the Offeror’s understanding the close out requirements of the solicitation.
Particular emphasis will be placed on O&M Manual production and Installation Staff
training methods and processes.

4.1.3.5 FACTOR V - Subcontracting Plan (for Large Business offerors, only):

The plan will be evaluated for acceptability (go/no-go) in accordance with AFARS 19.705. To
be acceptable, subcontracting plans must:
    Adequately address the six required statutory elements.

      Provide sufficient information to enable the Contracting Officer to answer affirmatively
       questions A through H of Appendix CC, Part 2, Number 8, (AFARS 19.705).

Any subcontracting plan that is rated 70 percent or less under the AFARS evaluation system
will be carefully considered for acceptability. If discussions with offerors are necessary, those
areas where the plan is deficient will be reviewed with the offeror with the goal of correcting
deficiencies. Due to requirements for review of the successful offeror's subcontracting plan by
other agencies, the Government reserves the right to negotiate the final plan with the
successful offeror before award.




Page 296 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.1.3.6 FACTOR VI - Past Performance in Utilization of Small. Small Disadvantaged,
and Women-Owned Small Business Subcontractors (All Offerors, Whether Large or
Small Businesses):

The SSEB will evaluate the offeror's presentation of facts, details, and narratives which
identify the firm's efforts and degree of success in complying with FAR Clause 52.219-8,
Utilization of Small, Small Disadvantaged, and Women-Owned, Small business Concerns or
similar requirements of other Government agencies or non-Government contracts. Past
performance will be evaluated, using a Go/No-go rating system. The SSEB will evaluate the
effectiveness of the offeror's efforts to solicit and degree of success in subcontracting labor or
materials to such firms. "Outstanding" or "marginal" ratings may be taken into account in the
Cost/Technical trade-off analysis.

4.1.4. Evaluation Methodology. The Government evaluation team will consider all
information provided in the proposal individually. Once these individual analyses are
completed, the team will meet and determine a rating for each of the evaluation factors for
Offeror Performance Capability by consensus decision. After each of the Factors for
each of the proposals are rated, the team will develop, again by consensus, a final
overall rating for Offeror Performance Capability.

4.2. TECHNICAL DESIGN (Volume II):

Volume II will be evaluated for the extent and adequacy of the offeror's understanding of the
requirements and the following evaluation areas:

4.2.1 FACTOR I - Housing Unit Design.

Housing unit design includes the function and appearance of housing unit materials,
exclusive of the purely technical performance of internal engineering systems. The sub-
factors and elements considered herein deal with the planning and design of the housing
units, as well as the durability and thermal performance of the materials. Consideration will
be given to: the interaction of the individual housing unit to people; the degree to which the
unit blends with those outdoor features of living normally associated with the family; the
overall esthetics of the housing unit; and the amenities associated with livability. These latter
elements include such items as separation of activities, convenience, logistics, leisure,
bathing, food handling, and sleeping. The sub-factors described below will be evaluated in
the following order of importance:

                                     Ranking of Sub-Factors

Sub-factor a.   is slightly less important than sub-factor b
Sub-factor b.   is the most important sub-factor
Sub-factor c.   is slightly less important than sub-factor a
Sub-factor d.   is slightly less important than sub-factor c
Sub-factor e    is slightly less important than sub-factor d, this is a GO NO-GO sub-factor.
Sub-factor f    is slightly less important than sub-factor e




Page 297 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Sub-factor g is slightly less important than sub-factor f
Sub-factor h is slightly less important than sub-factor g
Sub-factor i, j, k are each equal in importance to sub-factor h
Sub-factor l is slightly less important than sub-factor k
Sub-factor m is slightly less important than sub-factor l
Sub-factor n, o, p, q are each equal in importance to sub-factor m

4.2.1.1 Sub-factor a - Housing Unit Type

The mix of housing unit types will be evaluated on the basis shown below, where mixtures of
unit types are provided, the evaluation team shall arrive at a consensus adjectival rating
selection.

Single Detached Units = Rated = Excellent
Duplex Units     = Rated = Above Average
Townhouses       = Rated = High Average
Apartments       = Rated = Average

4.2.1.2 Sub-factor b - Functional Arrangement

The following items will be considered in the evaluation of the unit functional arrangement:

(1) Does the floor plan of the housing unit provide convenient circulation between living, food
handling, sleeping, and bathing areas?

(2) Does the relationship among the areas enhance flexibility of usage? Consider amenities
that enhance the overall interior functions, for example, living, sleeping, food handling, and
bathing.

(3) Is an entrance foyer with a closet and visual separation from living areas provided?
(4) Is access provided to functional areas without passing through living spaces? Where
circulation is adjacent to living spaces without separation, is a minimum circulation path of
900 mm [3 ft] provided exclusive of the minimum room dimensions?

(5) Is there a balanced relationship in the sizing of these functional areas? Consider the
impact of family size on the size and relationship of areas.

(6) Are the logistics of home operation considered, for example, furnishability, furniture
movement, circulation of expendable supplies and disposal?

(7) Does the plan enhance indoor and outdoor living in relation to patios, screened porches,
vistas, yard areas, and climate.

(8) What other design considerations are provided which enhance the overall livability and
amenity of the unit?




Page 298 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


4.2.1.3 Sub-factor c - Exterior Appearance

The following items will be considered:

(1)   Variety in facades, roof lines, and entrances.
(2)   Interesting staggering of housing units.
(3)   Proportions of fenestration in relation to elevations.
(4)   Visual effects of garages on the housing units.
(5)   Shadow effects, materials, and textures.
(6)   Proportion and scale within the structure.
(7)   Other aesthetic considerations.

4.2.1.4 Sub-factor d - Living, Dining, And Family Areas

(Furnishability and circulation are evaluated under sub-factor b, above.) The following interior
design elements which enhance the individual and family group aspects of recreation, leisure,
and entertainment such as the following, will be considered:

(1) Possibilities for joint use or concurrent separate activities.

(2) Location of convenience elements, for example, light switching, convenience outlets, and
TV outlets.

(3) Amenities, such as fireplaces and built-in bookcases.

(4) Living Room

(5) Dining Area

(6) Family Room and Secondary Dining Area

4.2.1.5 Sub-factor e - Minimum Space Sizes.

Does the proposal include all the spaces required by the statement of work and do those
spaces comply with the minimum size or dimension requirements of the statement of work?
 Insufficient or incomplete information in the proposal for any of the unit types will be scored
as a “NO-GO”. A single NO-GO for any unit type will require an overall NO-GO Rating for
this sub-factor.

4.2.1.6 Sub-factor f – Storage

Consideration will be given to the size, location, and utility of all storage areas including
shape of space, finish, lighting, and shelving provided.

(1) Exterior bulk storage.




Page 299 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(2) Interior bulk storage.

(3) Closet (linen, coat, clothing).

4.2.1.7 Sub-factor g - Vehicle Storage

Consideration will be given to type of garage proposed, proximity of second parking spaces,
and/or covered walkways to the housing units, as well as appropriate treatments with respect
to prevailing climatic conditions. This item does not include consideration of space in excess
of that required for automobile storage only. Additional space included or integral to garages
will be evaluated as storage under the STORAGE sub-element. Aesthetics are considered
under EXTERIOR APPEARANCE.

4.2.1.8 Sub-factor h - Sleeping

Consideration will be given to the size and proportions of bedrooms as related to windows,
doors, furniture arrangement, and closet access in the area. Access to bedrooms, as well as
the relationship to other functional areas, are treated under FUNCTIONAL ARRANGEMENT.
 Closet size is addressed under STORAGE. The following design issues will be evaluated:

(1) Bedroom size. Additional consideration for area and/or dimensions in excess of specified
minimums.

(2) Furnishability.

(3) Visual and acoustic privacy.

4.2.1.9 Sub-factor i - Kitchen and Food Handling

 The kitchen is the focal point of activity for the homemaker. Considerable initiative and
innovative approaches to the design of the area can be achieved by the offeror to enhance
this major logistics and control area. Its relationship to living, dining ingress and egress, and
sleeping has been addressed in FUNCTIONAL ARRANGEMENT. Consider the following
design issues:

(1) Efficiency of food preparation triangle including the circulation of persons and materials.

(2) Pedestrian and product circulation (controlled basically by relationship of counter space to
major appliances).

(3) Size and layout of cabinetry and counter areas. (Add points for area above the minimum
requirements.)

(4) Outlet number and placement.

(5) Provision of a space with electrical outlet for an occupant-owned freezer.




Page 300 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(6) Visual privacy.

4.2.1.10 Sub-factor j - Exterior Finishes

This sub-element evaluates the aesthetics, maintainability, and quality of windows, doors,
siding, roofing, soffits, fascia and trim, and exterior painting and stains here. Proposers are
encouraged to review the materials and constructions submitted carefully with respect
to Sustainable Design Considerations as listed in the Statement of Work. Particular
attention should be paid to finishes that require the minimum amounts of cyclical
maintenance.

4.2.1.11 Sub-factor k - Thermal Envelope

This sub-element evaluates the thermal performance of the following house elements: walls,
roof and ceiling, floors and perimeters, windows and glazing, doors, and tightness (reduction
of infiltration). The integrity of the thermal envelope is a prime consideration in complying with
“Energy Star” program requirements. Proposals which do not comply with the stated
minimums will be considered as non-conforming and may be eliminated from further
consideration.

4.2.1.12 Sub-factor l - Interior Finishes

The quality, durability, maintainability, and aesthetics for each of the following will be
evaluated:
(1) Walls and ceilings.

(2) Flooring.

(3) Shelving, wainscots and moldings.

(4) Kitchen and Bath cabinets and tops. Also consider quantity.

(a) Factory pre-finished laminated (natural wood) is preferred for cabinets.

(b) Laminated plastic with integrally molded backsplash and nosing is preferred for
countertops.

4.2.1.13 Sub-factor m – Bathroom Areas

The technical portion of the RFP sets forth the minimum size of full baths, as well as the
required and/or desirable fixtures, furnishings, and finishes of the bathrooms. Beyond these
design requirements, amenities gained through additional net area, furnishings, layout, and
privacy will be considered, including:

(1) Number and size.




Page 301 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(2) Furnishings (e.g., vanities with or without cabinets, other storage, and heat lamps).

(3) Layout (convenience and attractiveness).

(4) Visual and acoustic privacy.

4.2.1.14 Sub-factor n. Utility and Work Areas

This sub-element provides for occupant-owned or Government-furnished washers and dryers
in an area of the housing unit, which provides for efficient product circulation and yet does not
infringe on other functions. The occupant owned freezer may also be housed in this area.
This sub-element evaluates utility and workspace above the minimum requirement, an
enclosed washer/dryer space. The overall goal is to provide a space for the washer/dryer,
freezer, ironing, and hobbies. Overall functional layout, as it relates to other areas, should be
considered under FUNCTIONAL ARRANGEMENT.                       The following concerns will be
evaluated:

(1) Does the area provide efficient workspace and work flow without infringing on other
functions?

(2) Is the area suitable for ironing and/or light hobby work?

(3) Is the location and layout well designed to accommodate mechanical equipment?
(4) Size and layout.

(5) Provision of shelving, storage, lighting, and convenience outlets.

(6) Location of mechanical equipment with respect to access, convenience, and noise.

4.2.1.15 Sub-factor o -Color Schemes

This sub-element considers the aesthetics and coordination of interior and exterior finish
designs.

4.2.1.16 Sub-factor p -Patios, Service Yards, And Fencing

Size, quality of materials, arrangement, and visual appearance of these supporting amenities
will be evaluated here.

4.2.1.17 Sub-factor q -Amenities

This area evaluates desirable features or amenities not required in the SOW (e.g., patio
roofs, screened porches, built-in features, bus shelters, or other amenities).

4.2.2. FACTOR II: Housing Unit Gross Areas




Page 302 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Evaluators will review the area calculations submitted with the proposal. Proposals, which
meet the minimum gross area limitations set forth in the solicitation, shall be evaluated as
“Average”. Gross area added to the units must have demonstratable positive impacts on
family life and well-being. The provision of additional square footage, in and of itself, does
not require the awarding of additional consideration in this factor.

4.2.3 FACTOR III - Housing Unit Engineering

In addition to system design, each sub-factor evaluates the choice of materials for the
systems in terms of life cycle cost effectiveness. Since these new housing units will be
“Energy Star” Homes, proposals must include information required to allow the evaluators to
determine compliance with the minimum requirements of the solicitation with respect to
Energy Conservation. Proposers are encouraged to adopt and/or develop additional means
and methods to enhance the performance of the submitted units. Considerations such as
durability, corrosion resistance, pest and termite resistance, ease of maintenance, life cycle
cost of maintenance, and energy efficiency should be included in the following sub-factors:

                                   Ranking of Sub-Factors

Sub-factor a This is the most important sub-factor

Sub-factor b This sub-factor is less important than sub-factor a.

Sub-factor c This sub-factor is slightly less important than sub-factor b

Sub-factor d This sub-factor is less important than sub-factor c

Sub-factor e This sub-factor is a GO/NO-GO sub-factor.




4.2.3.1 Sub-factor a - Energy Star Program Considerations.

This element considers the quality of the energy conservation investments that the proposer
has included in the unit design.        While the solicitation sets minimum standards for
compliance, this element considers the overall quality of the housing unit systems and can
provide additional consideration for systems, which exceed the stated minimums.

(1) Residential Appliances. Consider energy star labeled refrigerator and dishwasher and
other appliance upgrades with respect to energy conservation.

(2) Ductwork Systems. The design and general layout of the systems are evaluated in sub-
factor b above. This item represents efforts and procedures outlined in the proposal with
respect to duct sealing and leakage reduction.




Page 303 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(3) Infiltration Reduction Systems. This item considers measures proposed which exceed the
minimum requirements set forth in the solicitation.

4.2.3.2 Sub-factor b - Heating, Ventilation, And Air Conditioning

This element considers the quality of heating, ventilating, air conditioning, control systems,
and associated equipment design to provide personal comfort in a life cycle cost effective
manner.

(1) System design: Supply air distribution

(2) System design: Return air

(3) Kitchen exhaust systems

(4) Air Handling/Furnace system.           Consider equipment efficiencies, features, and
maintainability.

(5) Condensing unit . Consider equipment efficiencies, features, and maintainability.

4.2.3.3 Sub-factor c - Interior Electrical System

This element considers wiring, switching, and panel design (e.g., panel size, number of
circuits, provision of spares). Quality points are also given for provision of fixtures, outlets,
and switching in excess of minimum requirements.

(1) System design.

(2) Outlet and switch placement and quality.

(3) Fixture quality. Evaluate both aesthetics and energy conservation qualities.

(4) Electrical equipment quality.

4.2.3.4 Sub-factor d – Interior Plumbing System

This element considers piping systems design quality, fixture quality, and water heater size
and recovery.

(1) Piping zoning, layout, and isolation

(2) Piping size and material quality

(3) Fixtures and accessories. Evaluate quality and water usage.




Page 304 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(4) Water heater size and recovery. Evaluate quality of water heater with respect to energy
conservation. Consideration should be given to power ventilated water heaters as well as
sealed combustion water heaters.

4.2.3.5 Sub-factor e – Structural System

This element considers the quality of the foundation and framing system design.

4.2.4 FACTOR IV: Site Design

Site design includes overall planning, layout, design and development of the housing site(s),
exclusive of utility systems. It embraces consideration of community appearance,
compatibility of grounds and buildings, functionality, dignity, and livability. Generally excluded
are considerations relative to the quality of materials, which are evaluated elsewhere.
Elements making up this factor are itemized below:

Ranking of Sub-Factors:

Sub-factor a. This is the most important sub-factor

Sub-factor b. This sub-factor is slightly less important than sub-factor a.

Sub-factor c. This sub-factor is less important than sub-factor b.

Sub-factor d. This sub-factor is equal in importance to sub-factor c.

Sub-factor e. This sub-factor is equal in importance to sub-factor d.

Sub-factor f. This sub-factor is equal in importance to sub-factor d.

Sub-factor g. This sub-factor is equal in importance to sub-factor d.


4.2.4.1. Sub-factor a - Site Utilization And Area Development Plan

The project density in housing units per hectare [acre] is pre-established by the project scope
and the composition (number of units and number of bedrooms) in relation to total area
prescribed for development. Within this pre-established parameter, elements of site design
to be evaluated include:

(1) Family Housing Area Development Concept

(2) Clustering. Grouping of structures to provide good accessibility to and from streets,
parking areas, and usable attractive open areas.

(3)   Building Solar Orientation and Variation of Structure Setback and Appearance.




Page 305 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Achieving a desirable orientation of the majority of buildings with respect to solar gain,
prevailing breezes and views, taking into account topography and climatic conditions in the
area. Also consider unit setbacks, the relationship between units, and the relationship of
units to the surrounding structural and existing landscape elements (e.g., trees, screens). A
variation of the number and type of housing units shall be provided to produce a variety of
exterior appearances.

(4) Buffering, Open Space, and Separation Between Structures. Consider separation of
buildings from heavy traffic lanes and surrounding land uses not compatible with a resident
development. Consider open space other than major recreation fields and play lots provided
by the proposed layout. Evaluate adequacy of spacing between units to ensure sound, light,
and individual and group privacy.

4.2.4.2 Sub-factor b - Force Protection Considerations.

This sub-factor evaluates the implementation and considerations of the facility construction
related Force Protection Requirements associated with these facilities. A proposal rated
“Unacceptable” in this sub-factor will be eliminated from consideration.

[Design District shall edit the above paragraph to suit the specific Force Protection
Requirements.]

4.2.4.3 Sub-factor c - LANDSCAPE PLANTING PLAN

This sub-factor evaluates the design, quality, quantity, and location of trees, shrubs,
plantings, ground covers, and grass used to screen and enhance individual living units and
recreation areas. Considerations include screening, decorative planting, and the following:

(1) Screening and Shading

(a) Have plant material been specified that is hardy to the area?

(b) Are plantings provided which screen between adjacent housing units, structures, and
clusters to enhance privacy of the occupants? Consider number, size, type, and quality of
trees and shrubs proposed.

(c) Are planting clusters provided to discreetly conceal trash container sites and clothes
drying areas to the maximum extent possible without interfering with pedestrian and service
vehicle access? Consider number, size, type, and quality. (Mandatory if screening fence is
not provided.)

(d) Do trees provide summer solar shading on east, west, and south exposures of children's
outdoor play areas?

(e) Are foundation plantings provided as appropriate to meet low maintenance requirements?
Consider number, size, type, and quality.




Page 306 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(f) Are trees and shrubs used appropriately to define the open spaces?

(2) Street Trees.

(a) Are street trees provided in accordance with a street tree scheme for the hierarchy of
streets in the area? Consider number, size, type, and quality.

(b) Have street trees been specified that are hardy to the area?

4.2.4.4 Sub-factor d - VEHICULAR CIRCULATION

This sub-factor evaluates the capability of primary, secondary, and feeder streets to provide
access to the units, community facilities, and service access to the units. The factor also
evaluates vehicular and pedestrian safety. Considerations include the following:

(1) Access.

(a) Is there convenient and direct access to and from and between each structure and/or
cluster, and to community facilities?

(b) Is the new street system a logical extension of the adjacent community?

(c) Does the primary, secondary, and feeder street system minimize traffic conflict points,
minimize the number of turning movements at intersections, and maximize spacing of
intersections?

(2) Service.

(a) Can service vehicles (maintenance, trash, moving vans and emergency) circulate
efficiently in the development?

(b) Can delivery service trucks and moving vans gain access to and park in proximity to the
housing units?

(c) Can fire trucks and ambulances gain immediate and direct access to each housing unit?

4.2.4.5 Sub-factor e - CHILDREN'S OUTDOOR PLAY AREAS

This sub-factor evaluates the quality and quantity of play lots and neighborhood parks.
Considerations include the following:

(1) Neighborhood Parks

(a) Have age appropriate play events and equipment been provided for the 5-9 year age
group?




Page 307 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(b) Have age appropriate play events and equipment been provided for the 9-15 year age
group?

(2) Play Lots

(a) Have age appropriate play events and equipment been provided for the 6 week-5 year
age group?

(b) Have age appropriate play events and equipment been provided for the 5-9 year age
group?

(c) Have the requirements for age appropriate scale been applied to the children's outdoor
play areas?
(d) Have the requirements for use zones under and around play equipment been applied to
the children's outdoor play areas?

(e) Are the use zones shown on the site plan?

(f) Have the requirements for a playground safety surface been applied to the children's
outdoor play areas?

(g) Have poisonous plants and plants with thorns been avoided or removed from the
children's outdoor play areas?



4.2.4.6 Sub-factor f - PEDESTRIAN CIRCULATION

This sub-factor evaluates the way in which the walkway system supports the movement of
pedestrians from one location to another. If the overall street pattern does not make
sidewalks functionally compatible with the sub-elements of a good pedestrian circulation
system listed below, then the ratings assigned must reflect this functional inadequacy.
Considerations include the following:

(1) Individual Units: Building Parking and Refuse Disposal

(a) Does the walkway system provide short direct access routes to the fronts of all housing
units within a cluster and to adjacent clusters?

(b) Are parking areas connected to the structures they serve by walkways?

(c) Can all parts of the parking areas be reached without leaving the pavement?

(d) Does the walkway pattern minimize pedestrian traffic within the parking areas?




Page 308 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(e) Are walkways provided between housing units and trash containers and beyond that to
street pickup points?

(2) To Play Lots, Neighborhood Park, Bus Stops, and Off Site Recreation Areas, Schools,
Community Buildings, etc.

(a) Do walkways provide convenient routing to the above functions?

(b) Can play lots be reached without crossing primary or secondary streets?

(c) Does the walkway system provide a natural and convenient routing to a school within
walking distance or to the nearest school bus stop?

4.2.4.7 Sub-factor g - PARKING

This sub-factor evaluates the proximity of parking to housing units and the layout of parking
spaces. Considerations include the following:

(1) Proximity to Housing Units. Preferences are defined in descending order:

(a) Two spaces per housing unit adjacent to (within 7600 mm [25 ft]) the garage.

(b) One or two spaces adjacent to (within 7600 mm [25 ft]) the garage. Other spaces
within 15200 mm [50 ft] of the housing units.

(c) Parking areas within 15200 mm [50 ft] of the housing units.

(d) Parking areas over 15200 mm [50 ft] from the housing units.

(2) Layout of Parking Areas. Evaluate in terms of:

(a) Internal circulation.

(b) Minimizing conflicts between cars entering and leaving the parking areas.

(c) Elimination of the necessity for backing into primary streets.

(d) Separation of parking area entrances and exits from street intersections.

4.2.5 FACTOR 5: SITE ENGINEERING

Site engineering includes the technical performance of site design and exterior utility
systems. The quality of the proposed construction materials is also evaluated in each
element. Particular emphasis is placed on durability, corrosion resistance, pest and termite
resistance, ease of maintenance, and life cycle cost of maintenance requirements.
Consideration will be given to the suitability of the chosen material to the environment in




Page 309 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

which it is to be placed. Evaluation includes consideration of engineering aspects of operation
and maintenance. Utility systems are to be evaluated beyond the 1500-m [5-ft] line from the
housing units. Elements making up this factor are itemized below:

                                   Ranking of Sub-Factors

Sub-factor a. This is the most important sub-factor.

Sub-factor b. This sub-factor is less important than sub-factor a.

Sub-factor c. This sub-factor is equal in importance to sub-factor b.

Sub-factor d. This sub-factor is equal in importance to sub-factor b.

Sub-factor e. This sub-factor is equal in importance to sub-factor b.

4.2.5.1 sub-factor a - Site Integration

This sub-factor evaluates grading, drainage, its integration with natural features, and the
proposals integration with the surrounding area.

(1) Integration with Surrounding Area. This element evaluates the integration of physical
flows and relationships with, and between, the site and surrounding area.

(2) Preservation of Natural Features . This element evaluates the preservation of trees,
natural drainage swales, streams, and any other natural and historic features that lend
interest and appeal to the community.

(3) Grading This element evaluates the effects of grading on the natural features of the site
and the topographic features and character of the surrounding areas and region.

(a) Consider the aesthetic effects of grading.

(b) Does the grading plan enhance and blend with the natural conditions on the site? Does it
blend the proposed development into the general topographic character of areas surrounding
the site and the region in general?

(4) Drainage Design. This element evaluates the quality and effectiveness of the drainage
system design in handling surface runoff. See SOW Paragraph 4.d. for additional
requirements.

4.2.5.2 sub-factor b - Water System

Evaluates system design, material quality, and maintainability.

4.2.5.3 sub-factor c - Fuel Piping And Storage




Page 310 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Evaluates piping sizes, material quality, layout, accessibility, and cutoff isolation.

4.2.5.4 sub-factor d - Electrical Distribution

Evaluates system design, material quality, and maintainability.

4.2.5.5 sub-factor e - Sanitary Sewer

Evaluates system design, material quality, and maintainability.

5.0 TECHNICAL/QUALITY EVALUATION, WRITE-UP, AND GENERAL QUALITYIRISK
RATING

5.1 Definitions.

5.1.1 Deficiency. Any part of a proposal that fails to satisfy the minimum requirements
established in the solicitation. The evaluators will identify the solicitation requirement, and
describe why the proposal fails to adequately meet the requirements. All deficiencies
discovered will be identified to the offeror during negotiations, if conducted, and in the
debriefing. Failure by an offeror to rectify a proposal deficiency deemed material will preclude
award action to that offeror. The Contract requirements take precedence over deficiencies
(or deviations) discovered after award.

4.1.2 Deviation. Proposal implies or specifically offers a deviation below specified criteria.
The offeror may or may not have called the deviation to the Government's attention. A
deviation is a deficiency. The technical reviewers will identify deviations. The contract
normally can't be awarded with material deviations.

4.1.3 Weakness. A flaw in the proposal that increases the risk of unsuccessful performance.
A "significant weakness" is a flaw that appreciably increases the risk of unsuccessful
performance.

5.2    Quality Evaluation and Scoring System.

5.2.1 The Review:

The members of the SSEB will review the proposals, with the support of technical advisors,
as deemed necessary, and rate the quality of each scored evaluation factor. As part of the
evaluation, the SSEB will assess the performance risk of the past performance and relevant
experience sub-factors. The SSEB will also assess the risk associated with the offeror's
proposed approach to the RFP. The SSEB will rate each proposal against the specified
evaluation criteria in the RFP requirements. They will not compare proposals at this time.
After proposals are rated, the SSEB will compare relative advantages, disadvantages and
risks of proposals against each other.




Page 311 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


5.2.2 Quality Review Write-up:

The SSEB will support each evaluation factor rating with a narrative, separately listing all
strengths or advantages, weaknesses, or disadvantages, deficiencies, and required
clarifications. No comments are necessary to support an "excepted" rating.

5.2.3 Quality and Risk Rating Guidelines:

[Note: the following sample rating scheme combines the proposal performance risk
assessment criteria (used for experience and past performance factors) with the
quality and proposal risk assessment criteria. The Government may alternately
perform a separate performance risk assessment , using a separate rating scheme, but
there is no requirement to do this.]

Except for the subcontracting plan, the SSEB will rate the other evaluation factors, utilizing
the following banding method:

Rating                                    Quality and Risk Rating Criteria

Unsatisfactory       Proposal doesn't meet the minimum specified requirements for this
                                 item. Proposal meets some but not all the RFP
                                 requirements for this item (Material deficiencies in the final
                                 proposal; material deficiencies in the initial proposal which
                                 are of such magnitude to require essentially a new
                                 proposal for this item, a major effort to rewrite or
                                 essentially new approach to the solution.). Proposal does
                                 not address all required RFP criteria; little or no
                                 experience or such poor record of performance to the
                                 extent that probability of success is questionable without
                                 further explanation by offeror (unacceptable performance
                                 risk).

Marginal      Proposal meets the minimum RFP requirements, but offers disadvantages
                                outweighing other advantages. Examples: little or no
                                experience cited and/or adverse past performance record;
                                probability of success considered less than full confidence
                                (high performance risk); weak presentation; mimics RFP
                                language rather than expressing offeror's approach or
                                understanding of the RFP; or proposal contains significant
                                deficiencies in the initial proposal which are deemed
                                highly susceptible to correction through reasonable
                                discussions, without requiring essentially a new approach
                                to the solution.

Satisfactory/Acceptable Proposal meets the minimum RFP requirements for this item, but
                              does not offer any significant advantage to the




Page 312 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                                   Government over basic RFP requirements. Average
                                   experience; average past performance or understanding
                                   of requirements; good probability of success (acceptable
                                   performance risk); adequate presentation; "No Past
                                   Performance Record" - unknown risk - neutral past
                                   performance rating.

       Above Average        Proposal meets all RFP requirements, and has salient features,
                                  which offer significant advantage to the Government.
                                  Examples: potential cost savings; scheduling advantage;
                                  process efficiency; aesthetics; function; ease of
                                  Government administration or other criteria established by
                                  the SSP; strong commitment and/or understanding of
                                  requirements; extensive experience; very good past
                                  performance record; high probability of success - low
                                  performance risk).

       Outstanding Same as above, except the degree of advantage is considered great.
                              The offeror greatly exceeds the scope of the solicitation
                              requirements in all aspects of the particular factor or sub-
                              factor. The offeror also provides significant advantage(s)
                              and exceeds the solicitation requirements in performance
                              or capability in an advantageous way and has no apparent
                              or significant weaknesses or omissions.

6.0 THE SELECTION PROCESS.

The SSEB will perform the previously discussed cost/technical trade-off analysis to determine
which proposal is most advantageous to the Government, then advise the Selection Authority
of the proposal that is considered most advantageous to the Government.

7.0    AWARD OF CONTRACT.

7.1 The Government will award a firm fixed-price contract to that responsible offeror whose
proposal, conforming to the solicitation, is fair and reasonable, and has been determined to
be most advantageous to the Government, technical (Technical Approach and Performance
Capability), price and other factors considered. The rated technical evaluation criteria and
price are considered equal. As technical ratings and relative advantages or disadvantages
become less distinct, differences in price between proposals are of increased importance in
determining the most advantageous proposal. Conversely, as differences in price become
less distinct, differences in ratings and relative advantages and disadvantages between
proposals are of increased importance to the determination.

7.2    The Government reserves the right to accept other than the lowest offer. The right is
also reserved to reject any and all offers. The basis of award will be a conforming offer, the
price or cost of which may or may not be the lowest. If other than the lowest offer, it must be




Page 313 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

sufficiently more advantageous than the lowest offer to justify the payment of additional
amounts.

7.3   Offerors are reminded to include their best technical and price terms in their initial offer
and not to automatically assume that they will have an opportunity to participate in
discussions or be asked to submit a revised offer. The Government may make award of a
conforming proposal without discussions, if deemed to be within the best interests of the
Government.




Page 314 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                                       EXHIBIT 3

   SAMPLE SECTION 00120 "EVALUATION OF PROPOSALS”
       (FOR A TWO PHASE MILITARY FAMILY HOUSING PROJECT)


Note: This is an example of a Two Phase RFP, developed to the "Nominal" level, with
substantial submission requirements. This Sample includes a stipend for the
unsuccessful phase 2 offerors.

This is a sample of a specific project. Your project may vary in importance of specific
factors. See TI 801-02, "Technical Instructions - Family Housing" for general, current
guidance.

1.0 GENERAL

1.1 Section 00110 describes the proposal submission requirements and instructions. A
Source Selection Evaluation Board (SSEB), composed of representatives of the Corps of
Engineers and the Air Force, will evaluate the proposals. The SSEB will utilize technical
advisors in the evaluation process, as necessary. The number and identities of Offerors are
not revealed to anyone not involved in the evaluation and award process or to other offerors.
The SSEB will evaluate proposals, using the significant factors and sub-factors described in
this part.

1.2 This is a “Two Phase Design-Build Acquisition”. One solicitation covers both phases.
The Government will evaluate Performance Capability proposals in Phase One to
“shortlist” no more than five most qualified offerors to participate in Phase 2. Detailed
project design criteria will then be added by amendment to the solicitation at the start of
the Phase 2 stage of the Request For Proposals. Each firm selected for participation in
Phase 2 will then submit a design-technical proposal, the remainder of the Performance
Capability proposal and a Pro-Forma package containing the necessary bid bond, price
proposal and other required information, as described in Section 00110 “Proposal
Submission Requirements”.

1.3 The Government will evaluate the phase 2 proposals, incorporating the results of the
Phase 1 proposal evaluation, in determining the successful offeror, utilizing a “Best Value
Trade-Off source selection process, as generally described herein.

1.4 The Government offers to pay a stipend of to the unsuccessful Phase 2 offerors, as
describe in paragraph 10, herein.

2.0 PHASE 1 EVALUATION PROCESS

2.1 The evaluation process essentially consists of three steps: proposal
compliance review, quality evaluation/rating and “Short listing”.



Page 315 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



2.1.1 Proposal Compliance Review:

This is an initial check by Contracting Division on the basis of solicitation requirements.
This review may eliminate those proposals, which fail to provide all required information
and documents in the format and detail specified. This review is to ensure that all
required information is complete.

2.1.2 Quality Evaluation/Rating and Short listing :

The Government will evaluate all proposals. The Quality evaluation consists
of an evaluation and assigning a quality/risk rating to the Phase 1 factors and sub-factors.
 After the quality evaluations are complete, the Government will then select no more than
five of the most highly qualified offerors and request them to submit phase 2 proposals.
At this time, The Government will notify all Phase 1 offerors of their status and issue an
Amendment calling for Phase 2 proposals. The Government might amend the technical
solicitation requirements at that time, if necessary to clarify or revise the Phase 2 design
criteria.

2.1.2.1 Potential offerors should note that the Government does not intend to conduct
discussions during Phase 1, nor request revised Phase 1 proposals. Therefore, Phase 1
offerors should carefully review the Phase 1 proposal submission requirements in Section
00110 and submit the requested information in the required format.

2.1.2.2 The Government reserves the right to conduct Phase 1 discussions, if it deems such
to be in its best interests. The Government may communicate with Phase 1 offerors for
minor clarifications to their proposal. The Government may also communicate with an offeror
to afford it the opportunity to respond to adverse past performance evaluations obtained from
references on which it has not previously had an opportunity to comment, if that information
makes a difference in the Government’s decision whether or not to include the offeror in the
shortlist for Phase2.

3.0 PHASE 1 QUALITY EVALUATION CATEGORIES

3.1 Performance Capability – Volume I:           Relative Order of Importance___

I.     Extent of Relevant Experience           1
II     Offeror Past Performance                1
III    Key Personnel                           1
IV     Management Plan (Technical              2
       Approach Narrative and Quality Control, ONLY)


4.0 PHASE 1 DETAILED EVALUATION CRITERIA

4.1 Performance Capability (VOLUME I):




Page 316 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



4.1.1 Specialized Experience.

The Government will evaluate both the extent and quality ("past performance") of recent
experience of the prime, key subcontractors, and design firms. If the design or key work items
will be accomplished in-house, then those sub factors will be so rated. Recent experience
includes projects completed within approximately 5 years preceding the proposal due date
and projects currently underway. Experience prior to 5 years ago will not be given
consideration, unless the key personnel proposed for this project played a significant role in
the earlier project and the project can be shown to be similar to this project. An offeror
submitting older project experience must make clear the extent of involvement in those
projects by current key personnel, and clearly describe how the older project is similar to this,
considering changes in technology, materials, equipment, codes, etc. The Government
reserves the right to verify previous performance by reviewing the Corps of Engineers
Construction Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS)
or to interview any or all cited references to verify supplied information and/or to assess
owner satisfaction (past performance).

4.1.1.1 FACTOR I - "Extent" of Recent Related Experience:

In addition to the above criteria, other considerations include criteria such as extent of recent,
successful experience, degree of relationship of such experience to this project,
demonstrated familiarity with applicable codes and local conditions. Some examples of
relevancy to this project may include, but not be limited to:

-      Number, Size, Type Work, Location

-      Dates (Completion Within Last 5 Years)

-      Firm's Role and Work Self-Performed

-      Extent of Participation by Current Key Personnel to Help Validate "Corporate Memory"
       or Corporate Experience

No previous design-build experience is necessary to qualify for award, however bonus
consideration will be given for recent, successful D-B experience. The amount of additional
consideration will depend upon such criteria as extent of recent experience, project(s) scope
as relates to this project, degree of success from the owner's standpoint ("past
performance"), etc., listed in relative order of importance for:

(1)    Prime Construction Contractor

(1)    Design Firms

(2)    Key Trades/Subcontractors




Page 317 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

No previous D-B team experience is necessary to qualify for award of this project, however,
bonus consideration will be given for recent, successful D-B team experience between the
prime constructor and design firm(s). The amount of additional consideration will depend
upon such factors as degree of success from the owner’s perspective, degree of success
from the D-B team's perspective (e.g., from an assessment of their willingness to continue
their association for this project), extent of team experience, degree of similarity between
previous project scope and this project, etc.

4.1.1.2 FACTOR II - "Past Performance."

The Government will perform a risk assessment, considering the degree of success of the D-
B team's recent experience. Past performance refers to the quality of recent project
experience from the owner's perspective. Owners/ references may be asked to comment on
items such as quality of design or construction, timeliness, management of the work
subcontractor management, including timely payment to subs or suppliers, safety, relations
between owner and designer or contractor, level of support for such things as as-built
documentation, O&M manuals, training, correcting design or construction errors, warranty
work, etc.

The Government may consider:

- Government Evaluation CCASS, ACASS, other agencies)

- Owner evaluations

- Offeror-furnished references

- Other       sources,      including      personal knowledge of recent performance

- Etc.

The "past performance" aspect of specialized experience, where the firm does not have any
relative past performance history, will be rated neutrally ("Acceptable"). However, the "extent"
of recent, related experience aspect might be downgraded where the offeror cannot
demonstrate a history of recent, related experience by the firm or cannot tie relevant
experience of key personnel proposed for this project to the extent of related experience
factor. Offerors will be provided with an opportunity to address any negative past
performance information on which the offeror has not previously had such an opportunity.
The following areas of major consideration will be determined from evaluation of all sources
of past performance information and an overall rating provided:

(1) Quality of the Product Produced. Based on the information provided in the questionnaire
and other information the Government will access the quality of the actual constructions
produced and the standards of workmanship exhibited by the Offeror’s team.

(2) Adherence to Project Schedule. The Government will evaluate all information available




Page 318 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

with respect to the Offerors completing past projects within the scheduled completion times.

(3) Management Processes. The Government will evaluate all information available with
respect to the Offerors on-site management of construction activities, subcontractors, and
any other project management consideration.

4.1.1.3 Sub-factors to be considered under Recent Experience and Past Performance in
relative order of importance:

(1)    Prime Construction Contractor

(1)    Design Firms

(2)    Key Trades/Subcontractors (if any)

4.1.2. FACTOR III - Proposed Key Personnel.

The Government will evaluate and rate the Key Personnel proposed for design and
construction management in the proposal package. The resumes and levels of responsibility
of the principal managers and technical personnel who will be directly responsible for the
day-to-day design and construction activities will be evaluated. Information should include,
as a minimum, the project manager; the project architect; landscape architect; the engineers
responsible for civil, electrical, mechanical and structural design; the quality control manager;
the site manager and the site superintendent. All designers must be registered. Data should
indicate whether each individual has had a significant part in any of the project examples
cited. If reassignment of personnel is considered possible, the names and resumes of the
alternative professionals for each assignment will be evaluated. Additional consideration will
be given to individuals who have past experience with Corps of Engineers construction
project operations and QC personnel who have completed the Corps sponsored Quality
Control Class. The qualifications and experience of the proposed key personnel accepted by
the Government will be considered the minimum acceptable criteria for any proposed
replacements during contract performance.

4.1.3. FACTOR IV - Management Plan – Technical Approach Narrative and Quality
Control Plan Only

This factor evaluates the Offeror’s Technical Approach narrative and Quality Control Plan
portion of the Management Plan. Both sub-factors are approximately equal in importance.
Additional aspects of the Management Plan will be evaluated in Phase 2. The Government
will evaluate the Offeror’s understanding of the solicitation provisions with respect to an
integrated design-build process.

4.1.3.1 Technical Approach Narrative.

The Government will evaluate the overall approach to executing the design-build project,
including the organization or team, if applicable, the offerors understanding of the design-




Page 319 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

build process as well as the Offeror’s implementation plans to utilize “fast track” procedures
on this project. Particular attention will be paid to the inclusion of the major construction
subcontractors during the design process as well as the definition of the roles and
responsibilities of the various subcontractors. Offerors are cautioned not to exceed five (5)
pages of narrative. The Government review staff will review and evaluate only the information
contained on the first five pages in this section and will ignore information beyond the five (5)-
page limit.

4.1.3.2 Quality Control Plan.

The preliminary quality control plan provided by the Offeror will be reviewed and evaluated for
inclusion of specific quality control practices and requirements necessary for the successful
completion of all phases of this project. These phases include design stages as well as
construction specialties. Offeror’s plan must show the inclusion of the Corps Three Phase
Inspection process and address the implications and operations of the Quality Control Plan
and it’s integration with the Quality Assurance Operations performed by the Government.
The Government will evaluate the personnel and qualifications of the individuals performing
in the Quality Control organization under the key personnel factor.

5.0 PHASE 2 EVALUATION PROCESS

5.1 General:

The evaluation process essentially consists of four parts: proposal compliance review,
technical/quality evaluation, price evaluation and cost/technical trade-off analysis.

5.1.3 Proposal Compliance Review:

This is an initial check by Contracting Division on the basis of solicitation requirements. This
review may eliminate those proposals, which fail to provide both a Technical/ Quality
proposal and price proposal.

5.1.4 Technical/Quality Evaluation:

The SSEB, using technical advisors, if necessary, will evaluate only those proposals passing
the first review, above. Technical/quality evaluation consists of an evaluation and quality/risk
ratings of additional information provided in Volume I – “Performance Capability” and Volume
II – “Technical Design”, using the rating system described, herein.            The SSEB will
consolidate the Phase 1 evaluation ratings with the Phase 2 evaluations.

5.1.5 Price Evaluation:

The Government will initially evaluate price independently from the technical evaluation. Price
will not be scored or rated, but will be evaluated for fairness and reasonableness through the
use of a price analysis. The price evaluators will also check for appearance of unbalancing of




Page 320 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

bids. Offerors are cautioned to distribute costs and to evenly distribute indirect costs, such as
job overhead, home office overhead, bond, etc., to the appropriate bid items.

5.1.6 Cost/Technical Trade-off Analysis:

After the price analysis and technical/quality evaluations are complete, the Government will
then consider the price in connection with the consolidated Phase 1 and Phase 2
technical/quality evaluation to determine the proposal offering the most advantage to the
Government. The Government will compare the relative advantages and disadvantages of
the technical proposals and will compare prices. The tradeoff analysis will be conducted upon
completion of the quality/price evaluations of Final Proposal revisions, if communications/
discussions are necessary, or after evaluation of initial offers, if discussions will not be
necessary. Some trade-off considerations are usually part of the process of determining
which firms will be included in the competitive range for discussions, if discussions are
necessary.

6.0 PHASE 2 QUALITY EVALUATION CATEGORIES:

The proposals are divided into two major areas for quality evaluation: Technical Design and
Performance Capability. Below is a breakdown of the relative importance of each major
factor:

6.1 Performance Capability – Volume I:                  Relative Order of Importance___
                                                        Within Volume I:         Overall:
I.      Relevant Experience (Phase 1)                          1                       2
II      Offeror Past Performance (Phase 1)                     1                       2
III     Key Personnel (Phase 1)                                1                       2
IV      Management Plan (Phases 1 and 2)                       2                       3
V.      Subcontracting to Small,                                                 Go/No-Go
        Small Disadvantaged, and
        Women-Owned Small Business
VI.     Past Performance in Subcontracting                      3                                5

Areas I - III are the most important factors, slightly more important than Area IV and significantly more
important than Area VI. Subcontracting will not be competitively scored but will be evaluated for
minimum acceptability as described herein.

6.2 Technical Design Volume II:                         Within Volume II:                Overall:
I.    Housing Unit Design                               1                                1
II.   Housing Unit Gross Areas                          2                                2
III.  Housing Unit Engineering                          3                                3
IV.   Site Design                                       2                                2
V.    Site Engineering                                  4                                5

Area I is the most important factor, slightly more important than Areas II and IV. Area III is slightly less
important than Areas II and IV. Area V is significantly less important than Area I.




Page 321 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


6.0 PHASE 2 DETAILED EVALUATION CRITERIA:

6.1 Performance Capability (VOLUME I):

6.1.1. FACTOR IV - Management Plan

Offeror Management Plans and Schedules. This factor evaluates the Offeror’s Project
Management Plans as well as the proposed schedule for completion of the entire design-
build project. Through this factor, the Government will evaluate the Offeror’s understanding
of the solicitation provisions with respect to an integrated design-build process and the
associated quality control, scheduling, coordination, and contract close out provisions. The
first four sub-factors below are approximately equal in importance in the evaluation, while the
fifth is a Go/No-Go (pass or fail). The Government will evaluate the following aspects:

      Technical Approach Plan (rating will be brought forward from Phase 1)

      Quality Control Plan (rating will be brought forward from Phase 1)

      Design and Construction Schedule

      Contract Closeout Plan

      Self-performed Work Plan (This is a Go/No-Go Factor)

6.1.1.1 Technical Approach Narrative.

The Government will use the Phase 1 rating for this factor, unless the offeror amends its
phase 2 proposal, whereupon the phase 1 evaluation criteria will apply.

6.1.1.2 Quality Control Plan.

The Government will use the Phase 1 rating for this factor, unless the offeror amends its
phase 2 proposal, whereupon the phase 1 evaluation criteria will apply.

6.1.1.3 Design and Construction Schedule.

The schedule will be evaluated to assess the inclusion of “fast tracking” and the rational of
how the Offeror intends to comply with the submitted schedule. The schedule must
reflect a single task oriented structure for both design and construction. The schedule
will be reviewed for completeness and the inclusion of required milestones. A contract
duration that improves on the Government supplied maximum duration will be considered
more favorably during the evaluation. However, a schedule shorter than the proposed
contract duration will not be given any extra credit, because schedule risk is primarily on
the Government.

6.1.1.3.1 Logic and Reasonableness.



Page 322 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



The Government will evaluate content, logic and reasonableness of the offeror's preliminary
plan for the design and construction of the project. Consideration will be given to the phasing
and scheduling of critical activities in achieving completion of the project within the overall
specified period, with minimum disruption to the surrounding facilities. (The preliminary
schedule will be replaced after contract award with a final detailed schedule, as required in
the CONSTRUCTION SPECIAL CONTRACT REQUIREMENTS.) The preliminary schedule
will be checked to ensure that it is task oriented, indicating milestone dates and phasing in
calendar days after initial notice to proceed. The Government will evaluate the realism/
reasonableness of the proposed schedule.

6.1.1.3.2 Scheduled Completion and Proposed Contract Duration.

As stated in the bid schedule and statement of work, offerors may bid shorter contract
durations than the maximum time stated in the CONSTRUCTION SPECIAL CLAUSES for
additional consideration. Both parties shall assume that all fixed (time related) field overhead
costs are inclusive in the contract price for the full contract duration. A proposed contract
duration shorter than the maximum allowed duration will receive additional consideration,
provided it is realistic and deemed to be achievable. An unreasonably condensed contract
duration, which places additional cost or schedule risk on the Government will not receive any
additional consideration. The offeror is also cautioned that a schedule indicating
completion substantially sooner than the proposed contract duration will not receive
positive consideration, inasmuch as risk for delays and associated impact costs
between the scheduled completion and contract duration may be unfairly shifted to the
Government.

6.1.1.4 Closeout Plan. The Offeror’s closeout plan will be reviewed and evaluated to
determine the Offeror’s understanding the close out requirements of the solicitation.
Particular emphasis will be placed on O&M Manual production and Installation Staff
training methods and processes.

6.1.1.5 FACTOR V - Subcontracting Plan (for Large Business offerors, only):

The plan will be evaluated for acceptability (go/no-go) in accordance with AFARS 19.705. To
be acceptable, subcontracting plans must:

      Adequately address the six required statutory elements.

      Provide sufficient information to enable the Contracting Officer to answer affirmatively
       questions A through H of Appendix CC, Part 2, Number 8, (AFARS 19.705).

Any subcontracting plan that is rated 70 percent or less under the AFARS evaluation system
will be carefully considered for acceptability. If discussions with offerors are necessary, those
areas where the plan is deficient will be reviewed with the offeror with the goal of correcting
deficiencies. Due to requirements for review of the successful offeror's subcontracting plan by




Page 323 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

other agencies, the Government reserves the right to negotiate the final plan with the
successful offeror before award.

6.1.1.6 FACTOR VI - Past Performance in Utilization of Small. Small Disadvantaged,
and Women-Owned Small Business Subcontractors (All Offerors, Whether Large or
Small Businesses):

The SSEB will evaluate the offeror's presentation of facts, details, and narratives which
identify the firm's efforts and degree of success in complying with FAR Clause 52.219-8,
Utilization of Small, Small Disadvantaged, and Women-Owned, Small business Concerns or
similar requirements of other Government agencies or non-Government contracts. Past
performance will be evaluated, using a Go/No-go rating system. The SSEB will evaluate the
effectiveness of the offeror's efforts to solicit and degree of success in subcontracting labor or
materials to such firms. "Outstanding" or "marginal" ratings may be taken into account in the
Cost/Technical trade-off analysis.

6.1.1.7. Evaluation Methodology. The Government evaluation team will consider all
information provided in the proposal individually. Once these individual analyses are
completed, the team will meet and determine a rating for each of the evaluation factors for
Offeror Performance Capability by consensus decision. After each of the Factors for
each of the proposals are rated, the team will develop, again by consensus, a final
overall rating for Offeror Performance Capability.

6.2. TECHNICAL DESIGN (Volume II):

Volume II will be evaluated for the extent and adequacy of the offeror's understanding of the
requirements and the following evaluation areas:

6.2.1 FACTOR I - Housing Unit Design.

Housing unit design includes the function and appearance of housing unit materials,
exclusive of the purely technical performance of internal engineering systems. The sub-
factors and elements considered herein deal with the planning and design of the housing
units, as well as the durability and thermal performance of the materials. Consideration will
be given to: the interaction of the individual housing unit to people; the degree to which the
unit blends with those outdoor features of living normally associated with the family; the
overall esthetics of the housing unit; and the amenities associated with livability. These latter
elements include such items as separation of activities, convenience, logistics, leisure,
bathing, food handling, and sleeping. The sub-factors described below will be evaluated in
the following order of importance:

                                     Ranking of Sub-Factors

Sub-factor a. is slightly less important than sub-factor b
Sub-factor b. is the most important sub-factor
Sub-factor c. is slightly less important than sub-factor a




Page 324 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Sub-factor d. is slightly less important than sub-factor c
Sub-factor e is slightly less important than sub-factor d, this is a GO NO-GO sub-factor.
Sub-factor f is slightly less important than sub-factor e
Sub-factor g is slightly less important than sub-factor f
Sub-factor h is slightly less important than sub-factor g
Sub-factor i, j, k are each equal in importance to sub-factor h
Sub-factor l is slightly less important than sub-factor k
Sub-factor m is slightly less important than sub-factor l
Sub-factor n, o, p, q are each equal in importance to sub-factor m

6.2.1.1 Sub-factor a - Housing Unit Type

The mix of housing unit types will be evaluated on the basis shown below, where mixtures of
unit types are provided, the evaluation team shall arrive at a consensus adjectival rating
selection.

Single Detached Units = Rated = Excellent
Duplex Units     = Rated = Above Average
Townhouses       = Rated = High Average
Apartments       = Rated = Average

6.2.1.2 Sub-factor b - Functional Arrangement

The following items will be considered in the evaluation of the unit functional arrangement:

(1) Does the floor plan of the housing unit provide convenient circulation between living, food
handling, sleeping, and bathing areas?

(2) Does the relationship among the areas enhance flexibility of usage? Consider amenities
that enhance the overall interior functions, for example, living, sleeping, food handling, and
bathing.

(3) Is an entrance foyer with a closet and visual separation from living areas provided?

(4) Is access provided to functional areas without passing through living spaces? Where
circulation is adjacent to living spaces without separation, is a minimum circulation path of
900 mm [3 ft] provided exclusive of the minimum room dimensions?

(5) Is there a balanced relationship in the sizing of these functional areas? Consider the
impact of family size on the size and relationship of areas.

(6) Are the logistics of home operation considered, for example, furnishability, furniture
movement, circulation of expendable supplies and disposal?

(7) Does the plan enhance indoor and outdoor living in relation to patios, screened porches,
vistas, yard areas, and climate.




Page 325 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(8) What other design considerations are provided which enhance the overall livability and
amenity of the unit?

6.2.1.3 Sub-factor c - Exterior Appearance

The following items will be considered:

(1)   Variety in facades, roof lines, and entrances.
(2)   Interesting staggering of housing units.
(3)   Proportions of fenestration in relation to elevations.
(4)   Visual effects of garages on the housing units.
(5)   Shadow effects, materials, and textures.
(6)   Proportion and scale within the structure.
(7)   Other aesthetic considerations.

6.2.1.4 Sub-factor d - Living, Dining, And Family Areas

(Furnishability and circulation are evaluated under sub-factor b, above.) The following interior
design elements which enhance the individual and family group aspects of recreation, leisure,
and entertainment such as the following, will be considered:

(1) Possibilities for joint use or concurrent separate activities.

(2) Location of convenience elements, for example, light switching, convenience outlets, and
TV outlets.

(3) Amenities, such as fireplaces and built-in bookcases.

(4) Living Room

(5) Dining Area

(6) Family Room and Secondary Dining Area

6.2.1.5 Sub-factor e - Minimum Space Sizes.

Does the proposal include all the spaces required by the statement of work and do those
spaces comply with the minimum size or dimension requirements of the statement of work?
 Insufficient or incomplete information in the proposal for any of the unit types will be scored
as a “NO-GO”. A single NO-GO for any unit type will require an overall NO-GO Rating for
this sub-factor.

6.2.1.6 Sub-factor f – Storage

Consideration will be given to the size, location, and utility of all storage areas including




Page 326 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

shape of space, finish, lighting, and shelving provided.

(1) Exterior bulk storage.

(2) Interior bulk storage.

(3) Closet (linen, coat, clothing).

6.2.1.7 Sub-factor g - Vehicle Storage

Consideration will be given to type of garage proposed, proximity of second parking spaces,
and/or covered walkways to the housing units, as well as appropriate treatments with respect
to prevailing climatic conditions. This item does not include consideration of space in excess
of that required for automobile storage only. Additional space included or integral to garages
will be evaluated as storage under the STORAGE sub-element. Aesthetics are considered
under EXTERIOR APPEARANCE.

6.2.1.8 Sub-factor h - Sleeping

Consideration will be given to the size and proportions of bedrooms as related to windows,
doors, furniture arrangement, and closet access in the area. Access to bedrooms, as well as
the relationship to other functional areas, are treated under FUNCTIONAL ARRANGEMENT.
 Closet size is addressed under STORAGE. The following design issues will be evaluated:

(1) Bedroom size. Additional consideration for area and/or dimensions in excess of specified
minimums.

(2) Furnishability.

(3) Visual and acoustic privacy.

6.2.1.9 Sub-factor i - Kitchen and Food Handling

 The kitchen is the focal point of activity for the homemaker. Considerable initiative and
innovative approaches to the design of the area can be achieved by the offeror to enhance
this major logistics and control area. Its relationship to living, dining ingress and egress, and
sleeping has been addressed in FUNCTIONAL ARRANGEMENT. Consider the following
design issues:

(1) Efficiency of food preparation triangle including the circulation of persons and materials.

(2) Pedestrian and product circulation (controlled basically by relationship of counter space to
major appliances).

(3) Size and layout of cabinetry and counter areas. (Add points for area above the minimum
requirements.)




Page 327 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(4) Outlet number and placement.

(5) Provision of a space with electrical outlet for an occupant-owned freezer.

(6) Visual privacy.

6.2.1.10 Sub-factor j - Exterior Finishes

This sub-element evaluates the aesthetics, maintainability, and quality of windows, doors,
siding, roofing, soffits, fascia and trim, and exterior painting and stains here. Proposers are
encouraged to review the materials and constructions submitted carefully with respect
to Sustainable Design Considerations as listed in the Statement of Work. Particular
attention should be paid to finishes that require the minimum amounts of cyclical
maintenance.

6.2.1.11 Sub-factor k - Thermal Envelope

This sub-element evaluates the thermal performance of the following house elements: walls,
roof and ceiling, floors and perimeters, windows and glazing, doors, and tightness (reduction
of infiltration). The integrity of the thermal envelope is a prime consideration in complying with
“Energy Star” program requirements. Proposals that do not comply with the stated minimums
will be considered as non-conforming and may be eliminated from further consideration.

6.2.1.12 Sub-factor l - Interior Finishes

The quality, durability, maintainability, and aesthetics for each of the following will be
evaluated:

(1) Walls and ceilings.

(2) Flooring.

(3) Shelving, wainscots and moldings.

(4) Kitchen and Bath cabinets and tops. Also consider quantity.

(a) Factory pre-finished laminated (natural wood) is preferred for cabinets.

(b) Laminated plastic with integrally molded backsplash and nosing is preferred for
countertops.

6.2.1.13 Sub-factor m – Bathroom Areas

The technical portion of the RFP sets forth the minimum size of full baths, as well as the
required and/or desirable fixtures, furnishings, and finishes of the bathrooms. Beyond these




Page 328 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

design requirements, amenities gained through additional net area, furnishings, layout, and
privacy will be considered, including:

(1) Number and size.

(2) Furnishings (e.g., vanities with or without cabinets, other storage, and heat lamps).

(3) Layout (convenience and attractiveness).

(4) Visual and acoustic privacy.

6.2.1.14 Sub-factor n. Utility and Work Areas

This sub-element provides for occupant-owned or Government-furnished washers and dryers
in an area of the housing unit, which provides for efficient product circulation and yet does not
infringe on other functions. The occupant owned freezer may also be housed in this area.
This sub-element evaluates utility and workspace above the minimum requirement, an
enclosed washer/dryer space. The overall goal is to provide a space for the washer/dryer,
freezer, ironing, and hobbies. Overall functional layout, as it relates to other areas, should be
considered under FUNCTIONAL ARRANGEMENT.                       The following concerns will be
evaluated:

(1) Does the area provide efficient workspace and work flow without infringing on other
functions?

(2) Is the area suitable for ironing and/or light hobby work?

(3) Is the location and layout well designed to accommodate mechanical equipment?

(4) Size and layout.

(5) Provision of shelving, storage, lighting, and convenience outlets.

(6) Location of mechanical equipment with respect to access, convenience, and noise.

6.2.1.15 Sub-factor o -Color Schemes

This sub-element considers the aesthetics and coordination of interior and exterior finish
designs.

6.2.1.16 Sub-factor p -Patios, Service Yards, And Fencing

Size, quality of materials, arrangement, and visual appearance of these supporting amenities
will be evaluated here.

6.2.1.17 Sub-factor q -Amenities




Page 329 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



This area evaluates desirable features or amenities not required in the SOW (e.g., patio
roofs, screened porches, built-in features, bus shelters, or other amenities).

6.2.2. FACTOR II: Housing Unit Gross Areas

Evaluators will review the area calculations submitted with the proposal. Proposals, which
meet the minimum gross area limitations set forth in the solicitation, shall be evaluated as
“Average”. Gross area added to the units must have demonstrable positive impacts on
family life and well-being. The provision of additional square footage, in and of itself, does
not require the awarding of additional consideration in this factor.

6.2.3 FACTOR III - Housing Unit Engineering

In addition to system design, each sub-factor evaluates the choice of materials for the
systems in terms of life cycle cost effectiveness. Since these new housing units will be
“Energy Star” Homes, proposals must include information required to allow the evaluators to
determine compliance with the minimum requirements of the solicitation with respect to
Energy Conservation. Proposers are encouraged to adopt and/or develop additional means
and methods to enhance the performance of the submitted units. Considerations such as
durability, corrosion resistance, pest and termite resistance, ease of maintenance, life cycle
cost of maintenance, and energy efficiency should be included in the following sub-factors:

                                   Ranking of Sub-Factors

Sub-factor a This is the most important sub-factor

Sub-factor b This sub-factor is less important than sub-factor a.

Sub-factor c This sub-factor is slightly less important than sub-factor b

Sub-factor d This sub-factor is less important than sub-factor c

Sub-factor e This sub-factor is a GO/NO-GO sub-factor.

6.2.3.1 Sub-factor a - Energy Star Program Considerations.

This element considers the quality of the energy conservation investments that the proposer
has included in the unit design.        While the solicitation sets minimum standards for
compliance, this element considers the overall quality of the housing unit systems and can
provide additional consideration for systems, which exceed the stated minimums.

(1) Residential Appliances. Consider energy star labeled refrigerator and dishwasher and
other appliance upgrades with respect to energy conservation.

(2) Ductwork Systems. The design and general layout of the systems are evaluated in sub-




Page 330 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

factor b above. This item represents efforts and procedures outlined in the proposal with
respect to duct sealing and leakage reduction.

(3) Infiltration Reduction Systems. This item considers measures proposed which exceed the
minimum requirements set forth in the solicitation.

6.2.3.2 Sub-factor b - Heating, Ventilation, And Air Conditioning

This element considers the quality of heating, ventilating, air conditioning, control systems,
and associated equipment design to provide personal comfort in a life cycle cost effective
manner.

(1) System design: Supply air distribution

(2) System design: Return air

(3) Kitchen exhaust systems

(4) Air Handling/Furnace system.           Consider equipment efficiencies, features, and
maintainability.

(5) Condensing unit . Consider equipment efficiencies, features, and maintainability.

6.2.3.3 Sub-factor c - Interior Electrical System

This element considers wiring, switching, and panel design (e.g., panel size, number of
circuits, provision of spares). Quality points are also given for provision of fixtures, outlets,
and switching in excess of minimum requirements.

(1) System design.

(2) Outlet and switch placement and quality.

(3) Fixture quality. Evaluate both aesthetics and energy conservation qualities.

(4) Electrical equipment quality.

6.2.3.4 Sub-factor d – Interior Plumbing System

This element considers piping systems design quality, fixture quality, and water heater size
and recovery.

(1) Piping zoning, layout, and isolation

(2) Piping size and material quality




Page 331 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(3) Fixtures and accessories. Evaluate quality and water usage.

(4) Water heater size and recovery. Evaluate quality of water heater with respect to energy
conservation. Consideration should be given to power ventilated water heaters as well as
sealed combustion water heaters.

6.2.3.5 Sub-factor e – Structural System

This element considers the quality of the foundation and framing system design.

6.2.4 FACTOR IV: Site Design

Site design includes overall planning, layout, design and development of the housing site(s),
exclusive of utility systems. It embraces consideration of community appearance,
compatibility of grounds and buildings, functionality, dignity, and livability. Generally excluded
are considerations relative to the quality of materials, which are evaluated elsewhere.
Elements making up this factor are itemized below:

Ranking of Sub-Factors:

Sub-factor a. This is the most important sub-factor

Sub-factor b. This sub-factor is slightly less important than sub-factor a.

Sub-factor c. This sub-factor is less important than sub-factor b.

Sub-factor d. This sub-factor is equal in importance to sub-factor c.

Sub-factor e. This sub-factor is equal in importance to sub-factor d.

Sub-factor f. This sub-factor is equal in importance to sub-factor d.

Sub-factor g. This sub-factor is equal in importance to sub-factor d.

6.2.4.1. Sub-factor a - Site Utilization And Area Development Plan

The project density in housing units per hectare [acre] is pre-established by the project scope
and the composition (number of units and number of bedrooms) in relation to total area
prescribed for development. Within this pre-established parameter, elements of site design
to be evaluated include:

(1) Family Housing Area Development Concept

(2) Clustering. Grouping of structures to provide good accessibility to and from streets,
parking areas, and usable attractive open areas.




Page 332 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(3) Building Solar Orientation and Variation of Structure Setback and Appearance.
Achieving a desirable orientation of the majority of buildings with respect to solar gain,
prevailing breezes and views, taking into account topography and climatic conditions in the
area. Also consider unit setbacks, the relationship between units, and the relationship of
units to the surrounding structural and existing landscape elements (e.g., trees, screens). A
variation of the number and type of housing units shall be provided to produce a variety of
exterior appearances.

(4) Buffering, Open Space, and Separation Between Structures. Consider separation of
buildings from heavy traffic lanes and surrounding land uses not compatible with a resident
development. Consider open space other than major recreation fields and play lots provided
by the proposed layout. Evaluate adequacy of spacing between units to ensure sound, light,
and individual and group privacy.

6.2.4.2 Sub-factor b - Force Protection Considerations.

This sub-factor evaluates the implementation and considerations of the facility construction
related Force Protection Requirements associated with these facilities. A proposal rated
“Unacceptable” in this sub-factor will be eliminated from consideration.

[Design District shall edit the above paragraph to suit the specific Force Protection
Requirements.]

6.2.4.3 Sub-factor c - LANDSCAPE PLANTING PLAN

This sub-factor evaluates the design, quality, quantity, and location of trees, shrubs,
plantings, ground covers, and grass used to screen and enhance individual living units and
recreation areas. Considerations include screening, decorative planting, and the following:

(1) Screening and Shading

(a) Have plant material been specified that is hardy to the area?

(b) Are plantings provided which screen between adjacent housing units, structures, and
clusters to enhance privacy of the occupants? Consider number, size, type, and quality of
trees and shrubs proposed.

(c) Are planting clusters provided to discreetly conceal trash container sites and clothes
drying areas to the maximum extent possible without interfering with pedestrian and service
vehicle access? Consider number, size, type, and quality. (Mandatory if screening fence is
not provided.)

(d) Do trees provide summer solar shading on east, west, and south exposures of children's
outdoor play areas?

(e) Are foundation plantings provided as appropriate to meet low maintenance requirements?




Page 333 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

Consider number, size, type, and quality.

(f) Are trees and shrubs used appropriately to define the open spaces?
(2) Street Trees.

(a) Are street trees provided in accordance with a street tree scheme for the hierarchy of
streets in the area? Consider number, size, type, and quality.

(b) Have street trees been specified that are hardy to the area?

6.2.4.4 Sub-factor d - VEHICULAR CIRCULATION

This sub-factor evaluates the capability of primary, secondary, and feeder streets to provide
access to the units, community facilities, and service access to the units. The factor also
evaluates vehicular and pedestrian safety. Considerations include the following:

(1) Access.

(a) Is there convenient and direct access to and from and between each structure and/or
cluster, and to community facilities?

(b) Is the new street system a logical extension of the adjacent community?

(c) Does the primary, secondary, and feeder street system minimize traffic conflict points,
minimize the number of turning movements at intersections, and maximize spacing of
intersections?

(2) Service.

(a) Can service vehicles (maintenance, trash, moving vans and emergency) circulate
efficiently in the development?

(b) Can delivery service trucks and moving vans gain access to and park in proximity to the
housing units?

(c) Can fire trucks and ambulances gain immediate and direct access to each housing unit?

6.2.4.5 Sub-factor e - CHILDREN'S OUTDOOR PLAY AREAS

This sub-factor evaluates the quality and quantity of play lots and neighborhood parks.
Considerations include the following:

(1) Neighborhood Parks

(a) Have age appropriate play events and equipment been provided for the 5-9 year age
group?




Page 334 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

(b) Have age appropriate play events and equipment been provided for the 9-15 year age
group?

(2) Play Lots

(a) Have age appropriate play events and equipment been provided for the 6 week-5 year
age group?

(b) Have age appropriate play events and equipment been provided for the 5-9 year age
group?

(c) Have the requirements for age appropriate scale been applied to the children's outdoor
play areas?

(d) Have the requirements for use zones under and around play equipment been applied to
the children's outdoor play areas?

(e) Are the use zones shown on the site plan?

(f) Have the requirements for a playground safety surface been applied to the children's
outdoor play areas?

(g) Have poisonous plants and plants with thorns been avoided or removed from the
children's outdoor play areas?

6.2.4.6 Sub-factor f - PEDESTRIAN CIRCULATION

This sub-factor evaluates the way in which the walkway system supports the movement of
pedestrians from one location to another. If the overall street pattern does not make
sidewalks functionally compatible with the sub-elements of a good pedestrian circulation
system listed below, then the ratings assigned must reflect this functional inadequacy.
Considerations include the following:

(1) Individual Units: Building Parking and Refuse Disposal

(a) Does the walkway system provide short direct access routes to the fronts of all housing
units within a cluster and to adjacent clusters?

(b) Are parking areas connected to the structures they serve by walkways?

(c) Can all parts of the parking areas be reached without leaving the pavement?

(d) Does the walkway pattern minimize pedestrian traffic within the parking areas?

(e) Are walkways provided between housing units and trash containers and beyond that to
street pickup points?




Page 335 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



(2) To Play Lots, Neighborhood Park, Bus Stops, and Off Site Recreation Areas, Schools,
Community Buildings, etc.

(a) Do walkways provide convenient routing to the above functions?

(b) Can play lots be reached without crossing primary or secondary streets?

(c) Does the walkway system provide a natural and convenient routing to a school within
walking distance or to the nearest school bus stop?

6.2.4.7 Sub-factor g - PARKING

This sub-factor evaluates the proximity of parking to housing units and the layout of parking
spaces. Considerations include the following:

(1) Proximity to Housing Units. Preferences are defined in descending order:

(a) Two spaces per housing unit adjacent to (within 7600 mm [25 ft]) the garage.

(b) One or two spaces adjacent to (within 7600 mm [25 ft]) the garage. Other spaces
within 15200 mm [50 ft] of the housing units.

(c) Parking areas within 15200 mm [50 ft] of the housing units.

(d) Parking areas over 15200 mm [50 ft] from the housing units.

(2) Layout of Parking Areas. Evaluate in terms of:

(a) Internal circulation.

(b) Minimizing conflicts between cars entering and leaving the parking areas.

(c) Elimination of the necessity for backing into primary streets.

(d) Separation of parking area entrances and exits from street intersections.

6.2.5 FACTOR 5: SITE ENGINEERING

Site engineering includes the technical performance of site design and exterior utility
systems. The quality of the proposed construction materials is also evaluated in each
element. Particular emphasis is placed on durability, corrosion resistance, pest and termite
resistance, ease of maintenance, and life cycle cost of maintenance requirements.
Consideration will be given to the suitability of the chosen material to the environment in
which it is to be placed. Evaluation includes consideration of engineering aspects of
operation and maintenance. Utility systems are to be evaluated beyond the 1500-m [5-ft] line




Page 336 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

from the housing units. Elements making up this factor are itemized below:

                                   Ranking of Sub-Factors

Sub-factor a. This is the most important sub-factor.

Sub-factor b. This sub-factor is less important than sub-factor a.

Sub-factor c. This sub-factor is equal in importance to sub-factor b.

Sub-factor d. This sub-factor is equal in importance to sub-factor b.

Sub-factor e. This sub-factor is equal in importance to sub-factor b.

6.2.5.1 sub-factor a - Site Integration

This sub-factor evaluates grading, drainage, its integration with natural features, and the
proposals integration with the surrounding area.

(1) Integration with Surrounding Area. This element evaluates the integration of physical
flows and relationships with, and between, the site and surrounding area.

(2) Preservation of Natural Features . This element evaluates the preservation of trees,
natural drainage swales, streams, and any other natural and historic features that lend
interest and appeal to the community.

(3) Grading This element evaluates the effects of grading on the natural features of the site
and the topographic features and character of the surrounding areas and region.

(a) Consider the aesthetic effects of grading.

(b) Does the grading plan enhance and blend with the natural conditions on the site? Does it
blend the proposed development into the general topographic character of areas surrounding
the site and the region in general?

(4) Drainage Design. This element evaluates the quality and effectiveness of the drainage
system design in handling surface runoff. See SOW Paragraph 4.d. for additional
requirements.

6.2.5.2 sub-factor b - Water System

Evaluates system design, material quality, and maintainability.

6.2.5.3 sub-factor c - Fuel Piping And Storage

Evaluates piping sizes, material quality, layout, accessibility, and cutoff isolation.




Page 337 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



6.2.5.4 sub-factor d - Electrical Distribution

Evaluates system design, material quality, and maintainability.

6.2.5.5 sub-factor e - Sanitary Sewer

Evaluates system design, material quality, and maintainability.

7.0 TECHNICAL/QUALITY EVALUATION, WRITE-UP, AND GENERAL QUALITYIRISK
RATING

7.1 Definitions.

7.1.1 Deficiency. Any part of a proposal that fails to satisfy the minimum requirements
established in the solicitation. The evaluators will identify the solicitation requirement, and
describe why the proposal fails to adequately meet the requirements. All deficiencies
discovered will be identified to the offeror during negotiations, if conducted, and in the
debriefing. Failure by an offeror to rectify a proposal deficiency deemed material will preclude
award action to that offeror. The Contract requirements take precedence over deficiencies
(or deviations) discovered after award.

7.1.2 Deviation. Proposal implies or specifically offers a deviation below specified criteria.
The offeror may or may not have called the deviation to the Government's attention. A
deviation is a deficiency. The technical reviewers will identify deviations. The contract
normally can't be awarded with material deviations.

7.1.3 Weakness. A flaw in the proposal that increases the risk of unsuccessful performance.
A "significant weakness" is a flaw that appreciably increases the risk of unsuccessful
performance.

7.2    Quality Evaluation and Scoring System.

7.2.1 The Review:

The members of the SSEB will review the proposals, with the support of technical advisors,
as deemed necessary, and rate the quality of each scored evaluation factor. As part of the
evaluation, the SSEB will assess the performance risk of the past performance and relevant
experience sub-factors. The SSEB will also assess the risk associated with the offeror's
proposed approach to the RFP. The SSEB will rate each proposal against the specified
evaluation criteria in the RFP requirements. They will not compare proposals at this time.
After proposals are rated, the SSEB will compare relative advantages, disadvantages and
risks of proposals against each other.

7.2.2 Quality Review Write-up:




Page 338 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

The SSEB will support each evaluation factor rating with a narrative, separately listing all
strengths or advantages, weaknesses, or disadvantages, deficiencies, and required
clarifications. No comments are necessary to support an "acceptable" rating.

7.2.3 Quality and Risk Rating Guidelines:

[Note: the following sample rating scheme combines the proposal performance risk
assessment criteria (used for experience and past performance factors) with the
quality and proposal risk assessment criteria. The Government may alternately
perform a separate performance risk assessment , using a separate rating scheme, but
there is no requirement to do this.]

Except for the subcontracting plan, the SSEB will rate the other evaluation factors, utilizing
the following banding method:

Rating                                    Quality and Risk Rating Criteria

Unsatisfactory                     Proposal doesn't meet the minimum specified
                                   requirements for this item. Proposal meets some but not
                                   all the RFP requirements for this item (Material
                                   deficiencies in the final proposal; material deficiencies in
                                   the initial proposal which are of such magnitude to require
                                   essentially a new proposal for this item, a major effort to
                                   rewrite or essentially new approach to the solution.).
                                   Proposal does not address all required RFP criteria; little
                                   or no experience or such poor record of performance to
                                   the extent that probability of success is questionable
                                   without further explanation by offeror (unacceptable
                                   performance risk).

Marginal                           Proposal meets the minimum RFP requirements, but
                                   offers disadvantages outweighing other advantages.
                                   Examples: little or no experience cited and/or adverse
                                   past performance record; probability of success
                                   considered less than full confidence (high performance
                                   risk); weak presentation; mimics RFP language rather
                                   than expressing offeror's approach or understanding of
                                   the RFP; or proposal contains significant deficiencies in
                                   the initial proposal which are deemed highly susceptible to
                                   correction through reasonable discussions, without
                                   requiring essentially a new approach to the solution.

Satisfactory/Acceptable            Proposal meets the minimum RFP requirements for this
                                   item, but does not offer any significant advantage to the
                                   Government over basic RFP requirements. Average
                                   experience; average past performance or understanding




Page 339 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

                                   of requirements; good probability of success (acceptable
                                   performance risk); adequate presentation; "No Past
                                   Performance Record" - unknown risk - neutral past
                                   performance rating.

       Above Average               Proposal meets all RFP requirements, and has salient
                                   features, which offer significant advantage to the
                                   Government. Examples: potential cost savings;
                                   scheduling advantage; process efficiency; aesthetics;
                                   function; ease of Government administration or other
                                   criteria established by the SSP; strong commitment and/or
                                   understanding of requirements; extensive experience;
                                   very good past performance record; high probability of
                                   success - low performance risk).

       Outstanding                 Same as above, except the degree of advantage is
                                   considered great. The offeror greatly exceeds the scope
                                   of the solicitation requirements in all aspects of the
                                   particular factor or sub-factor. The offeror also provides
                                   significant advantage(s) and exceeds the solicitation
                                   requirements in performance or capability in an
                                   advantageous way and has no apparent or significant
                                   weaknesses or omissions.

8.0 THE SELECTION PROCESS.

The SSEB will perform the previously discussed cost/technical trade-off analysis to determine
which proposal is most advantageous to the Government, then advise the Selection Authority
of the proposal, which is considered most advantageous to the Government.

9.0    AWARD OF CONTRACT.

9.1 The Government will award a firm fixed-price contract to that responsible offeror whose
proposal, conforming to the solicitation, is fair and reasonable, and has been determined to
be most advantageous to the Government, technical (Technical Approach and Performance
Capability), price and other factors considered. The rated technical evaluation criteria and
price are considered equal. As technical ratings and relative advantages or disadvantages
become less distinct, differences in price between proposals are of increased importance in
determining the most advantageous proposal. Conversely, as differences in price become
less distinct, differences in ratings and relative advantages and disadvantages between
proposals are of increased importance to the determination.

9.2    The Government reserves the right to accept other than the lowest offer. The right is
also reserved to reject any and all offers. The basis of award will be a conforming offer, the
price or cost of which may or may not be the lowest. If other than the lowest offer, it must be




Page 340 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

sufficiently more advantageous than the lowest offer to justify the payment of additional
amounts.

9.3   Offerors are reminded to include their best technical and price terms in their initial offer
and not to automatically assume that they will have an opportunity to participate in
discussions or be asked to submit a revised offer. The Government may make award of a
conforming proposal without discussions, if deemed to be within the best interests of the
Government.

10.0 STIPENDS FOR UNSUCCESSFUL PHASE 2 OFFERORS:

This Solicitation provides for payment of a “stipend” to those unsuccessful Phase 2 offerors,
not selected for award of the resulting Design-Build contract.

10.1 Purpose:

In order to promote increased competition and to enhance design innovation, the
Government offers to pay a stipend of $XXXXXX to an unsuccessful Phase Two Offeror, in
consideration for preparation of a Phase Two technical design proposal, otherwise meeting
the minimum requirements described herein.

10.2 Eligibility Requirements:

To be eligible for a stipend, the unsuccessful offeror’s technical design proposal must be
essentially rated as “Acceptable” in all Phase 2 evaluation criteria factors and must be
considered a “conforming proposal,” essentially in conformance with this Solicitation’s
Government furnished design criteria. Some insignificant, minor deficiencies, or weaknesses
may be allowed, as long as the overall design proposal meets the requirements for
“Acceptable.” The offeror will not be eligible for a stipend if it withdraws from the competition,
prior to contract award.




Page 341 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                             EXHIBIT 4
                   THE PROBLEM WITH SCORING PRICE

Given: Maximum Points Available for Price or Quality: 1200

Government Estimate: $10 Million Funds Available: $10.75 Million

Price Score: Lowest Price = Full Points. .

Points for Higher Prices are Pro-rated by Ratio of Price to Lowest Price.


OFFEROR        PRICE-RANK PRICE-PTS         QUALITY-RANK          TOTAL PTS-RANK

1              $10 M-1       1200 PTS       600 PTS-1             1800 PTS-1

2              $10.25M-2     1171           615-5                 1786-3

3              $10.5M-3      1143           630-4                 1773-4

4              $10.75M-4     1116           645-3                 1761-6

5              $11M-5        1091           670-2                 1761-5

6              $12M-6        1000           800-1                 1800-1

Question:

Which Proposal Offers the "Best Value" and Wins the Contract, using this scoring system as
the award criteria?

       This illustrates the fallacy in trying to score price. Who can say what a "price point" is
        worth?

       A Cost/technical Trade-off Analysis is absolutely necessary.

       Points are not precise measures of value.




Page 342 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


                       EXHIBIT 5
      THE PROBLEM WITH EQUATING PRICE WITH POINTS

               THE "PRICE/QUALITY POINTS" EXAMPLE

Given: Maximum Available Points = 1200

Government Estimate: $10 Million

Funds Available: $10.75 Million

OFFEROR              PRICE-RANK           QUALITY-RANK         $/PT.

1                    $10 M-1              600 PTS 6-/6         $16,667/PT.

2                    $10.25M-2            615-5                $16,667

3                    $10.5M-3             630-4                $16,667

4                    $10.75M-4            645-3                $16,667

5                    $11M-5               670-2                $16,418

6                    $12M-6               800-1                $15,000


Question:
Which Proposal Offers the "Best Value" and Wins the Contract, If the Price/Quality Point
Ratio Is the Basis of Award?

This example illustrates the fallacy of trying to oversimplify the Cost/Technical Trade-off
Analysis. Note that price and quality must be equal in weight to use this type analysis. It
is, at best, just one indicator of value. Points are not precise measures of value. The
abuse of point scoring systems by over reliance on "number of points," rather than
developing strong narratives with advantages and disadvantages, is a major contributor to
the Army decision to ban the use of point scoring systems in 2001.




Page 343 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts

           Exhibit 6 - CONTRACTING FOR
                     BEST VALUE
                    A BEST PRACTICES GUIDE TO
                        SOURCE SELECTION


         PLANNING


              TEAMING



                 DIALOGUE WITH INDUSTRY




                    ORAL PRESENTATIONS


                        EVALUATION



                                 PAST PERFORMANCE

                                               COMPETITIVE RANGE



                                                             DEBRIEFINGS




                       ~.


                                   E
                                   EXHIBIT 6                                /I
                               /0    0   Lo
                                                                   U.S. Army Materiel Command
                                                                    AMC m e v - ) s 715-3
                                              ~ , 0 . m c . a r m , m 1 ~ Pamphlet n e w s
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                                                          AMC-P 715-3


Overview
                                                presenting some of the best and most
source selection is the process used            innovative practices being used.
in competitive, negotiated contracting
to select the proposal expected to
result in the best value to the                 The principles in this guide apply to
Government. The source selection                all source selections, both those that
approach must be tailored to the                are complex and the majority where the
acquisition. You have to consider your          contracting officer is the selection
evaluation needs; i.e., don't make              official. During acquisition planning,
source selection more complicated and           select the methodology that is most
expensive than necessary.                       appropriate to the unique
                                                circumstances of the acquisition and
                                                expected to result in the best value.

 What’s Best Value?
                                                Unless you use a lowest price
In the broadest sense, best value is            technically acceptable evaluation
the outcome of any acquisition that             approach, your source selection will
ensures we meet the customer's needs            involve some form of tradeoff.
in the most effective, economical, and          This guide's focus is on the
timely manner. It’s the result of the           tradeoff process and will provide
unique circumstances of each                    some hints and ideas that will be
acquisition, the acquisition strategy,          useful in doing a tradeoff between
choice of contracting method, and               cost or price and other important
award decision. Under this concept,             factors.
best value is the goal of sealed
bidding, simplified acquisition,
commercial item acquisition,                    There are two important points to keep
negotiated acquisition, and any                 in mind as you do your planning and
other specialized acquisition                   select your evaluation and source
methods or combination of methods               selection process:
you choose to use.
                                                • Tailor your process to fit your
                                                circumstances. There is no magic
                                                checklist in this arena. Consider the
 (Best Value is                                 complexity of the acquisition and
  the goal of                                   resources available.    Use a
  every                                         combination of techniques if it will
                                                work best for you and if it is fair.
  acquisition)
 Purpose of This Guide                          • The same principles apply in
                                                selecting and executing a source
 This guide provides information on             selection process or technique,
 the various processes and techniques           whether you are using a formally
 that can be used to conduct                    structured organization for a complex
 efficient and effective source                 acquisition or a more streamlined
 selections. We are                             process typical for the majority of
                                                source selections.




Page 345 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




AMC-P 715-3


The Federal Acquisition Regulation             rational selection decision
(FAR) prescribes the general policies          consistent with the solicitation.
governing source selection.                    The amount o€ time and effort
                                               required obviously needs to be
Appendix A of this guide contains              considered when making the
definitions of certain words and               appointment.
terms associated with source
selection.                                     In a complex source selection, it may
                                               be useful to provide a number of
Appendix B contains references along           briefings to the source selection
with their Internet addresses to               authority early in the acquisition
assist you further                             process and at critical steps
in contracting for best value and              throughout the process.   This
conducting a source selection.                 approach will ensure that the source
                                               selection authority knows the program
                                               and the acquisition process
The Source Selection " B l u e p r i n t s "   constraints. It also allows the source
referenced throughout this guide are           selection authority to readily express
models for commonly used source                concerns and ideas that are likely to
selection documents and procedures and         influence the final selection
should be tailored to each individual          decision.
acquisition. They may be accessed only
on electronic versions, e.g.,
http://www.amc-acquisition.net
                                               Examples of where source selection
                                               authority involvement is essential
                                               include approval of the source
Importance of the Source                       selection/evaluation plan and the
                                               solicitation.
Selection Authority
The consequences of the selection
                                               Importance of Procurement
decision can be far-reaching. In most          Integrity
cases the contracting officer is the
selection official. In some                    There are stringent requirements for
acquisitions, or class of                      maintaining the integrity of the
acquisitions, the agency head or other         procurement process that MUST be
official may be the selection                  adhered to by all participants
official, or will appoint someone else         involved in the source selection
to make the selection. The source              process. This includes both technical
selection authority must be at a level         and contracting personnel.
that is fully accountable for the
results of the decision and                    Procurement Integrity rules
knowledgeable of the factors necessary         Provide for both civil and
to determine the best value. In                criminal p e n a l t i e s f o r
addition, successful execution of an           violations(see FAR 3.104).        The
acquisition using the tradeoff process         guiding principle behind these
requires early involvement of the              requirements is that all offerors are
source selection authority so that             treated fairly and no one obtains an
person is prepared to make a                   unfair advantage.




                                          E-346


Page 346 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




 Source selection is a team effort                                   AMC-P 715-3


 Planning For Source
 Selection
D e s i g n i n g an                           Forming a Team
Acquisition Strategy
As soon as possible after a need to
acquire products or services has been
identified, an acquisition strategy
meeting should be held. The attendees          Source selection should be a
should include the person responsible          multidisciplined team effort from the
for managing the program or project,           earliest planning stages. The size and
acquisition and legal                          composition of the team should be
representatives, potential evaluation          tailored specifically to the
team members, and others as needed.            acquisition. In complex source
                                               selections you may have a larger team
                                               (e.g., 8 to 10 people) from various
                                               functional disciplines. In streamlined
The strategy meeting should be used to         source selections, however, the team
determine the acquisition approach             may consist of one or more technical
including the source selection process         evaluators and the contracting
and techniques that will be most               officer, who is also the source
appropriate. The group should use the          selection authority. Whether the team
meeting to discuss the results of              is large or small, it should be
market research, potential evaluation          established to ensure continuity and
factors, information that may be               active ongoing involvement of
needed from offerors to support those          appropriate contracting, technical,
factors, and other appropriate                 logistics, legal, user, contract
planning issues such as the timetables         administrators, and other experts to
for the acquisition and who should be          ensure a comprehensive evaluation of
members of the evaluation team. The            each proposal.
group should design a strategy that
best reflects the specific
requirement, the results of market
research, and the risks associated
with the acquisition.   The                    Researchinq the Market
information obtained in the strategy
meeting will be used as a basis for            Market research is the first step in
developing the source                          any acquisition and an essential part
selection/evaluation plan.                     of designing every acquisition
                                               strategy.   The acquisition team uses
                                               market research to obtain information
                                               on products and services available in
                                               the commercial marketplace.    Market
                                               research is key in determining whether
                                               a need can be




Page 347 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                        AMC-P 115-3

met by a commercial item or                     are the tradeoff process and the
nondevelopmental item and in                    lowest price technically acceptable
identifying commercial practices                process.
associated with such items or
services. It also has a key impact on           Other source selection processes can
your choice of appropriate evaluation           be designed to fit particular
factors, contracting method, and the            circumstances. You could tailor the
amount and type of information to be            process to combine elements of these
included in proposals.                          two approaches. You could also use
                                                oral presentations as part of the
                                                proposal submission. The point is
                                                that the source selection processes
A thorough research o£ the market -             or techniques must be appropriate to
should be done as soon as needs are             the acquisition.
forecast and as part of acquisition
planning.   Sometimes it might be a
one-person effort. Other times a team
effort. A variety of techniques may be
                                                The Tradeoff Process
used to conduct market research and may
include:                                        cost or price is always an evaluation
                                                factor in any source selection.
                                                However, many times you may have other
 • Contacting knowledgeable                     factors that you also want to
 individuals regarding market                   consider. You may need technical
 capabilities;                                  capabilities, qualifications, or
                                                experience that a low cost/price
 • Reviewing the results of recent              offeror may not possess. These factors
 market research;                               may or may not be more important than
                                                cost/price, but they do have a strong
                                                bearing on the source selection
 • Querying government or commercial
                                                decision. The source selection
 databases;
                                                authority needs flexibility to select
                                                the best value that may not be the
 • Participating in interactive,                lowest rice or the highest technically
 on-line communications                         rated offeror. The decision wi11
                                                involve a comparison of the
 • Reviewing catalogs and product               combination of non-cost strengths,
 literature.                                    weaknesses, and risks and cost/price
                                                offered in each proposal and judgment
                                                as to which provides the best
 Determining the Source                         combination. The source selection
 Selection Approach                             authority will have to document the
                                                decision and why the selected source
One of the first steps in designing             represents the best value to the
an acquisition strategy is to                   government. This is the essence of the
determine the source selection                  tradeoff process.
approach or combination of
approaches that you will use to
obtain the best value. At either end
of the best value continuum,




Page 348 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                                  The tradeoff process is    AMC-P 715-3


    When to Use the Tradeoff                       of the relative strengths,
    Process: Strengths and                         weaknesses, and risks-of the
    Potential Pitfalls                             proposals.

                                                   • Enables selection of the best
Use the tradeoff process when It is                approach among a range of solutions
                                                   and increases the likelihood of
essentlal to evaluate and compare                  selecting suppliers who are most
factors In addition to cost to price In            likely to provide quality products
order to select the most advantageous              and services, on time, and at
proposal and obtain the best value.                reasonable cost/price.
                                                 • Takes advantage of the experience
                                                 and independent judgment of the source
                                                 selection official.
particularly appropriate if:                                                 ,

  • The Government's requirements are
  difficult to define, complex, or                POTENTIAL PITFALLS
  historically troublesome.
                                                  • Using evaluation factors and sub-
                                                  factors that are not derived from the
  • You expect measurable differences in          market place and do not accurately
  the   design,  performance,   quality,          reflect the Government's requirements.
  reliability, or supportability;                 This may result in award to an offeror
                                                  that may not be the best value.
  • Services are not clearly defined
  or highly skilled personnel are
  required;
                                                  • Using too many evaluation factors
                                                  and sub-factors. A large number of
  • You are willing to pay extra for              factors and sub-factors dilute
  capability, skills, reduced risk, or            consideration of those that are
  other non-cost factors, if the added
  benefits are worth the premium;                 truly important .

                                                  • Failure to make the appropriate
   Always consider the strengths and              investment in resources needed for a
   potential pitfalls of using a                  competent and defensible value
   tradeoff process to ensure that it is          analysis.
   consistent with your overall
   acquisition strategy.
              _                                   • An inherently subjective Process, and
                                                  thus more difficult to evaluate and
   Strengths                                      document.

   • Allows greater flexibility to
   subjectively compare technical and
   cost factors to determine the value




Page 349 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



Major Steps In the Tradeoff Process
 AMC-P 715-3


                                               decision including the tradeoffs and
                                               rationale used.

                                               • Awarding the contract, notifying
The tradeoff process generally                 offerors and debriefing them upon
consists of the following steps:               their request.
• Designing a strategy that best
                                                • Documenting the lessons learned
reflects the results of market
                                                that may benefit future source
research and the specific
                                                selections.
circumstances of the acquisition.

• Establishing and documenting a               The Lowest Price Technically
.source selection or technical
evaluation plan. This plan includes
                                               Acceptable Process
the acquisition goals and objectives,          In some situations, simply comparing
identification and relative                    the cost or price of proposals meeting
importance of evaluation factors and           or exceeding the solicitation's
sub-factors, the evaluation                    requirements for acceptability can be
standards, and the selection process.          expected to result in the best value.
                                               In such cases, cost/price is the
                                               overriding
• Structuring the solicitation to              consideration. While there may be a
effectively communicate the                    _need for discussions there is no
Government's requirements, mission             need to make tradeoffs.
objectives, the factors and sub-
factors, their relative importance,            The lowest price technically
the information offerors must submit           acceptable process is similar to a
for evaluation against the stated              sealed bid approach in that award is
factors and sub-factors and the                made to the acceptable offeror with
methodology for evaluating the                 the lowest evaluated cost or price.
proposals.                                     The major difference is that
                                               discussions can be held with offerors
                                               prior to source selection to ensure
• Evaluating the offers on the basis
                                               offerors understand the requirements
of the source selection plan and the
                                               and to determine acceptability.
evaluation factors and sub-factors in
                                               Tradeoffs are not permitted and no
the solicitation and having
                                               additional credit is given for
discussions as needed.
                                               exceeding acceptability. However,
                                               proposals are evaluated to determine
• Comparing the strengths, weaknesses,         whether they meet the acceptability
risks, and cost/price or most probable         levels established in the solicitation
costs of the proposals and deciding            for each non-cost evaluation factor
which combination, in accordance with          and sub factor.
the solicitation factors and sub-
factors, represents the best value.
                                               The lowest price technically
                                               acceptable process may be
  • Documenting the source selection           appropriate where the




Page 350 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


    Major Steps in the Lowest Price Technically Acceptable Process
                                                                               AMC-P 715-3


 requirement is not complex and the              • Conducting discussions or other
 technical and performance risks are             exchanges as needed. Comparing the
 minimal, such as acquisitions where             cost or prices of acceptable proposals
 service, supply, or equipment                   and awarding the contract to the
 requirements are well defined but               offeror with the lowest evaluated
 where discussions may be necessary.             price meeting the
                                                 acceptability requirements.

                                                Past Performance and the Lowest Priced
                                                Technically Acceptable Process

The   lowest   price   technically
acceptable    process    generally
consists of the following steps:
                                                • If you determine that past
 • Designing a strategy that best               performance is a discriminator under
 reflects the results of market                 this approach, then you must state in
 research and the specific                      the solicitation the criteria that you
 circumstances of the acquisition.              will use to evaluate it on a pass/fail
                                                basis. For small businesses, an
 • Establishing and documenting a               unacceptable rating in this area is a
 source selection or technical                  matter of responsibility. Therefore,
 evaluation plan. This plan includes            in your acquisition planning, you
 the acquisition goals and objectives,          should anticipate a possible need to
 identification of acceptability                obtain a Certificate of Competency
 requirements for each non-cost                 from the Small Business Administration
 evaluation factor and sub factor, and          if a small business otherwise eligible
 procedures for evaluating proposals            for award has unacceptable past
 and making award.                              performance.



 • Structuring the solicitation to
 effectively communicate the
 Government's requirements, the
 factors and sub-factors with                    • A Certificate of Competency
 associated acceptability standards,             determination is not required
 the information offerors must submit            however, if you select a hybrid
 for evaluation of acceptability                 strategy that combines the lowest
 against the stated factors and sub-             price technically acceptable and
 factors, and the basis for award                tradeoff processes.   Under such a
 (i.e., the lowest priced proposal               strategy, you could still evaluate
 meeting or exceeding the standards.)            technical proposals on a pass/fail
                                                 basis while basing the final
                                                 selection decision on a tradeoff
 • Evaluating and rating proposals on a          between past performance and price.
 pass/fail basis against the
 acceptability requirements in the
 solicitation.




Page 351 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




 AMC-P 7-15-3

 Conducting a Pre-solicitation
                                               • Market research to stay abreast of
 Dialogue with Industry                        innovation, advances, and
                                               capabilities;
Foster a pre-solicitation dialogue             • Information centers to provide
with Industry to.                              access information to documents
                                               relevant to the acquisition;
Ensure a mutual understanding of
the government's need and                      • Requests for Information and Draft
Industry's capabilities                        Requests for Proposals to obtain
                                               information from industry on such
                                               things as price and availability and
• Minimize Inclusion of non-value              comments on the proposed solicitation;
added requIrements, and

• Promote a   more effective source            • Meetings and conferences,
                                               including one-on-one meetings with
selection.                                     potential offerors and
                                               Presolicitation Conferences.
An effective dialogue with industry
even before a solicitation is written
                                               • In conducting a presolicitation
or released can pay dividends during
                                               dialogue with industry, always make
later phases of the process. The
                                               sure that you:
earlier and more effective you are in
keeping up to date on the market and
new technology, and ensuring the               • Release information to all
market knows what your requirements            potential offerors on a fair and
are, the better for both parties. The          equitable basis consistent with
growing trend is to provide more               regulatory and legal restrictions.
information, not less, to potential
offerors. With more information, they          •' Establish clear ground rules for
can make informed decisions about              the conduct timing, and documentation
whether to compete, they can offer             of any one-on-one meetings to ensure
better proposals, the evaluation and           potential offerors are given equal
selection process will be quicker and          access to information needed to
smoother, and there is less chance of          prepare proposals.
miscommunication and a protest. There
are a variety of mechanisms to
maintain contact with potential                • Protect any proprietary information
offerors including the following:              that you are given access to during
                                               this process.

                                                • Request contracting and legal
                                               counsel advice if any questions arise
• Advanced Planning Briefings for              about presolicitation exchanges.
Industry to provide a forecast of
future direction and requirements;




Page 352 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                                                         AMC-P 715-3


Drafting a Source                              Accordingly, you should structure the
                                               selection plan and the solicitation to
Selection/Evaluation Plan                      consider these influences and assure
                                               that the proposal selected provides
A thoroughly contemplated plan for             the best value to the government.
selecting a best value source is
vital to any source selection
process. In all source selections,
the plan is tailored to reflect the            Purpose of the Source
complexity of the acquisition. In              Selection Plan
more complex source selections, this
plan is called the Source Selection            The source selection plan serves
Plan and should be prepared for the            several purposes, including-
source selection authority's
approval.   In less complex
acquisitions the plan is often                 • Defining a specific approach for
referred to as the Technical                   soliciting and evaluating proposals.
Evaluation Plan. The plan is
developed prior to or concurrently             • Describing the evaluation factors
with preparation of the solicitation.          and sub-factors, their relative
It states your intentions for                  importance, and the methodology used
organizing and conducting the                  to evaluate proposals.
evaluation and analysis of proposals
and the source selection. It contains          • Providing essential guidance to the
acquisition sensitive information and          solicitation developers, especially
is not released outside the                    for putting together the solicitation
contracting activity's source                  sections dealing with proposal
selection organization.                        preparation and evaluation.


                                                • Serving as a charter and guide for
Acquisitions using a tradeoff process           the source selection team on the
are often subject to dynamic internal           roles of the members and the conduct
and external influences. Examples of            of the entire source selection from
such influences include:                        proposal evaluation, through the
                                                cost/price/technical tradeoff, award
                                                decision, and debriefing.
• The differing missions or functions
to be supported. Such situations
influence how the agency specifies             Guidelines for a Source
its requirements, which in turn
influence offerors' solutions.                 Selection Plan

• The rate at which technology and
market factors are changing. Between
the time the agency identifies a
requirement and the offerors submit            Although there isn't a specific
proposals, technology may have                 format for the source selection plan,
developed efficiency and productivity          its size and detail should reflect
benefits unanticipated by the agency.          the complexity of the acquisition.




Page 353 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




 AMC-P 715-3


You should include, at a minimum, a            • The proposed evaluation factors and
discussion of the following:                   sub-factors, their relative
                                               importance, and associated evaluation
• A description of what you are                standards.
buying.   This description should be
stated in functional terms to the              • A description of the evaluation
maximum extent possible and use a              process you are using (i.e., lowest
minimum of technical language.                 price technically acceptable,
                                               tradeoff, or hybrid) and any
• A description of the evaluation              innovative techniques such as multiple
organization structure. It may be              phases or oral presentations, or
helpful to include-                            tailoring. See Appendix E for details
                                               on oral presentations. Include a
                                               description of the rating system you
- An organization chart, showing the
                                               are using.
evaluation team's structure, or a
brief description of how the team is
organized.                           • A schedule of significant milestones
                                     that should cover, at a minimum, the
- The duties and responsibilities of period beginning with the designation
each element of the source selection of the source selection authority and
team.                                continuing through the period from
                                     receipt of proposals through the
- The evaluation team's agenda and   signing of the
schedule.                                      contract, during which evaluation,
                                               negotiation, and selection take
- Information on the need for                  place.
preparation and training of the
evaluation team.                               Selecting Evaluation
- Security procedures to be used by
                                               Factors and Sub-
the evaluation team to protect                 factors
                                               You must clearly state in the
classified, proprietary, or source             solicitation and source selection plan
selection information.                         all the evaluation factors and sub-
                                               factors that you will consider in
                                               making the source selection and their
                                               relative importance.    These factors
• Plans for presolicitation                    and sub-factors inform offerors of all
activities such as issuing a draft             the significant considerations in
solicitation and holding a                     selecting the best value source and the
presolicitation and/or preproposal             relative importance the Government
conference or Advance Planning                 attaches to each of these
Briefing for Industry.                         considerations. Offerors should
                                               understand the basis upon which their
                                               proposals will be evaluated and how
• An acquisition strategy summary that         they can best prepare their proposals.
includes an explanation of the
contract type to be used (e.g., firm
fixed price).




Page 354 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                                                               AMC-P 715-3




        Evaluation factors help
        offerors understand the                       Cost Factors
        evaluation process                            The Competition in Contracting Act
                                                      (CICA), as implemented in the FAR,
                                                      requires that price or cost to the
      Structure evaluation factors and                Government be included as an
                                                      evaluation factor in every source
      sub-factors and their relative                  selection. This is because
      order of Importance to clearly                  affordability must always be a
      reflect the Government's need                   consideration when spending taxpayer
      and facilitate preparation of                   dollars.
      proposals that best satisfy that
      need.
      A multidiscipline team chooses the              Always include cost or
      evaluation factors and sub-factors
      based on user requirements,
                                                      price as an evaluation
      acquisition objectives, perceived               factor
      risks, and thorough market research.
      Thorough research of the market helps
      the team identify the capabilities of
      different industry sectors and where            The relative importance between cost
      those capabilities are most likely to           or price and the non-cost factors
      differ among potential offerors. The            must also be reflected in both the
      team then selects only those factors            solicitation and the weights or
      that will help differentiate.among              Priority statements in the source
      offerors and surface the most                   selection Alan. However, cost
      advantageous proposal.                          /price is not numerically scored in
                                                      the evaluation of proposals, because
                                                      of possible distortions that can
                                                      result when arbitrary methods are
                                                      used to convert cost/price into
      Limit evaluation factors and                    scores.
      sub-factors to those areas that
      w111 reveal substantive                        Cost-related factors and
      differences or risk levels among               considerations will vary depending on
                                                     the type of contract. Regardless of
      competing proposals.                           contract type, reasonableness must
                                                     always be a consideration, as the FAR
                                                     requires that contracts be awarded
         Limit evaluation                            only at prices or costs that are fair
         factors to true                             and reasonable.
         discriminators
                                                     Cost realism plays an important role
                                                     in many source selections. A cost
                                                     realism analysis is an independent
                                                     review of each offeror's cost
                                                     proposal to determine if specific




Page 355 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




 AMC-P 715-3


estimated proposed cost elements are            result of acquiring or owning an item
realistic for the work to be                    (e.g., transportation, life cycle
performed; reflect a clear                      costs). The solicitation should also
understanding of the requirements;              clearly indicate to offerors how the
and are consistent with the unique              cost factor will be assessed for that
methods of performance and materials            acquisition.
in the offeror's technical proposal.

Cost realism must be considered when a
                                                Past Performance
cost reimbursement contract is
anticipated. Under a cost type                  The caliber of a contractor's
contract, the proposed cost estimates          performance on previous contracts
may not be valid indicators of final           shall be included as an evaluation
actual costs that the Government will          factor in competitively negotiated
be obligated to pay. For this type of          acquisitions unless the contracting
contract, a cost realism analysis is           officer documents why it would not be
performed and used to determine the            appropriate for the specific
probable cost of performance for each          circumstances of the acquisition. A
offeror. Selection decisions should be         thorough evaluation of past
based on these probable cost                   performance, to include information
estimates. Significant differences             that is outside of the offerors'
between proposed and most probable             proposals, serves to ensure that
costs may signal increased performance         awards are made to good performers
risks.                                         rather than to just good proposal
                                               writers. See Appendix D for details on
                                               evaluating past performance.
Cost realism may also be considered
for fixed price incentive contracts
or, in exceptional cases, for other             Technical Factors
fixed price type contracts especially
when there are concerns that offerors          Technical evaluation factors address
may try to "buy in" or where other             the proposal's technical and
complexities of the acquisition could          performance efficiency.    These
result in misunderstanding the                 factors may include such
requirements. In such cases, a cost            considerations as technical approach
realism analysis may be useful for             and capabilities, management
determining if there is a significant          approach and capabilities, experience and
risk of future performance because of          personnel qualifications relative to
unrealistically high or low prices.            satisfying critical aspects of the
However, proposed fixed prices are not         government's   requirements.    Technical
adjusted for cost realism during the           factors must be developed
evaluation.                                    specifically for each acquisition,
                                               taking into consideration the
                                               particular objectives and
                                               requirements of the acquisition.
                                               These factors should be those
The solicitation must clearly state
                                               discriminators that are determined
what costs will be evaluated.   These
                                               after thorough market research as
costs may include costs for the basic
                                               most likely to reveal substantive
effort only, basic plus all options,
or costs incurred as a




Page 356 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                                                           AMC-P 715-3


  differences in technical approaches            Best Practices
  or risk levels among competing
  proposals.                                     Selecting the right evaluation factors
                                                 is one of the most important decisions
  The source selection team has broad            you will make in designing your
  discretion in determining the                  evaluation process. We are often faced
  technical evaluation factors and               with the triple problems of less time,
  sub-factors, their relative                    less funds, and fewer available
  importance, and the way in which               personnel to devote to source
  they will be applied.                          selections. If you don't concentrate
                                                 on what's important in selecting the
                                                 best value offeror you could end up
  However, too many factors and sub-
                                                 with the evaluation team wasting a lot
  factors can lead to a leveling of
                                                 of time and effort looking at issues
  ratings, in which the final result
                                                 that don't differentiate between
  may be a number of closely rated
                                                 offerors. This can also result in a
  proposals with little
                                                 weak evaluation that doesn't give the
  discrimination among competitors.
                                                 source selection authority the
                                                 information needed to make a good
  It is not the number of non-cost               selection.
  factors that is critical, but having
  the right factors.
  Basic requirements for non-cost                 There are certain factors that you
  comparative evaluation factors are:             must consider in any competitive
                                                  source selection. Price/cost is an
                                                  automatic factor that you always have
   • A reasonable expectation of                  to consider. You also have to consider
   variance among proposals in that               past performance in your evaluation
   area.                                          process unless the contracting officer
                                                  documents why it is not appropriate
   " A variance that you can measure              for the specific circumstances of the
   either quantitatively or                       acquisition. In addition, you may have
   qualitatively                                  to add factors that are required by
                                                  regulation for specific acquisitions,
                                                  such as any applicable preferences for
   * The factor must be a true                    small entities. From here, you add
   discriminator.                                 other factors and sub-factors that are
                                                  important to deciding which is the
  An evaluation factor should be chosen           most advantageous proposal.
  only if your requirements warrant a             Remember, not everything that the
  comparative evaluation of that area.            offeror has to do under the contract
  The simplest way to assess a potential          is really a discriminator that will
  evaluation factor is to ask: "Will              help you decide which proposal will
  superiority in this factor provide              result in the best value. Consider
  value to the Government and is the              what you are buying and what will
  Government willing to pay more for              really discriminate.
  that superiority?"




Page 357 o f 516
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                         EXHIBIT 7
            SAMPLE ADJECTIVAL RATING SYSTEM
         WITH RISK INCORPORATED INTO THE RATINGS
   NOTE: In describing the risk assessment methods in Section 00120, the risk
   associated with the offeror's approach can be evaluated separately or can be combined
   with the quality evaluation. In addition to the examples of Section 00120 adjectival
   rating systems described in Exhibit 1, the following provides another sample adjectival
   rating system, without a separate proposal risk assessment, which could be used in
   Section 00120 and in the Source Selection Plan. This is much simpler than performing
   a separate proposal risk assessment, an extra step. We recommend that you keep the
   evaluation systems as simple as possible.

(We recommend that you include the following or another rating system description
in Section 00120 and in the internal Source Selection Plan)

Merit System Rating Guidelines. Except for the subcontracting plan and financial
statement, the Source Selection Evaluation Board will rate the other evaluation factors,
utilizing the following adjectives:

Adjective Rating Criteria:

Unsatisfactory - Offeror fails to meet performance or capability standards. Offer may meet
some but not all RFP requirement for the specific factor(s) or sub factor(s). Offer contains
material deficiencies in the final proposal, or material deficiencies in the initial proposal,
which are of such magnitude to require essentially a new proposal, a major effort to rewrite
or essentially a new approach to the item or the solution. Examples: offer does not address
all required RFP criteria; offer contains many deficiencies and/or gross omissions; offer
fails to provide a reasonable, logical approach to fulfilling the Government requirements;
and/or offer fails to meet many of the minimum requirements. Offeror has demonstrated
little or no experience and/or poor past performance record to the extent that probability of
success is questionable without further explanation by Offeror (unacceptable risk).

Marginal - Offeror demonstrates the potential to marginally meet performance or capability
standards necessary for minimal but acceptable contract performance. Offer is not
adequately responsive or does not address the specific factor(s) or sub factor(s). Offer
meets the minimum RFP requirements, but offers disadvantages outweighing other
advantages. Examples: little or no experience cited and/or adverse past performance
record; probability of success considered less than full confidence (high risk); incomplete,
vague, incompatible, incomprehensible, incorrect or weak presentation; mimics RFP
language rather than expressing offeror's approach or understanding of the RFP; or
proposal contains significant deficiencies in the initial proposal which are deemed highly
susceptible to correction through reasonable discussions, without requiring essentially a
new approach to the solution. The assignment of a "Marginal" rating indicates that the
SSEB feels that corrective action through reasonable discussions will eliminate significant
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


weaknesses and deficiencies. Offer demonstrates a low probability of success, although
the offer has a reasonable chance of becoming at least acceptable.

Satisfactory - Offeror meets the minimum RFP requirements for this item, but does not
offer any significant advantage to the Government over basic RFP requirements. Average
experience or understanding of requirements; good probability of success (acceptable
risk); adequate presentation.

Above Average - Offer fully meets all RFP requirements (with no significant weaknesses
or deficiencies) and contains one or more strengths or advantages that will benefit the
Government (Examples: potential cost savings; scheduling advantage; process efficiency;
aesthetics; function; ease of Government administration; strong commitment and/or
understanding of requirements; extensive experience and/or very good past performance
record). The areas in which the Offeror exceeds the requirements demonstrates their
potential to exceed technical or performance capability standards or may result in a high
level of efficiency, productivity or quality. An assigned rating of "Above Average" indicates
that, in terms of the specific factor (or sub factor), any weaknesses noted are minor and
should not seriously affect the Offeror's performance; or any disadvantages noted are
outweighed by other strengths or advantages; and/or there are no indications of
"exceptional" features or innovations that could prove to be beneficial, or contrarily,
weaknesses that could diminish the quality of the effort or increase the risks of failure. The
offer demonstrates that the requirements of the RFP are well understood and the approach
will likely result in a high quality of performance which represents low risk to the
Government. Offer exceeds a "Satisfactory" rating. High probability of success.

Outstanding - Proposal demonstrates Offeror's potential to significantly exceed
performance or capability standards. Offer contains numerous exceptional strengths or
advantages that will significantly benefit the Government. Offeror has demonstrated
qualifications that meet the fullest expectations of the Government. Offeror has clearly
demonstrated an understanding of all aspects of the requirements to the extent that timely
and highest quality performance is anticipated. Offeror has convincingly demonstrated that
the RFP requirements have been analyzed, evaluated and synthesized into approaches,
plans and techniques that, when implemented, should result in outstanding, effective,
efficient and economical performance under the contract. An assigned rating of
"Outstanding" indicates that, in terms of the specific factor (or sub factor), the offer
contains essentially no significant weaknesses, deficiencies or disadvantages. The offer
very significantly exceeds most or all RFP requirements. Very high probability of success.




                                             359
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


PART 12       PERFORMANCE ORIENTED DESIGN CRITERIA


SAMPLE SPECIFICATION SECTIONS

1.    Exhibit 1 - Sample, Section 01010 "Statement of Work", using traditional
Construction Specification Institute CSI, 16 Division MasterFormat.

2.     Exhibit 2 - Sample Section 01010 “Statement of Work”, using CSI’s UniFormat,
which is more suited to performance specifying than MasterFormat.


THE CONCEPT OF PERFORMANCE SPECIFYING

Performance specifications reflect the outgrowth. of our customer's requirements and
call for alternative project execution solutions that provide a quality product on time and
within budget. As such, they must expand upon the user's requirements to express
them in terms of characteristics against which prospective offerors can propose. In
doing so, they also provide the measurement points against which the prospective
offerors will propose (or decide not to do so).

For most projects, these characteristics are best described as being functional or
performance-related in nature:

a.     Functional characteristics are used to define results; in doing so, they define the
task or desired by focusing on what is to be achieved; they do not describe the method of
achieving the intended result.

b.     Performance characteristics are a logical extension of functional ones. They define
the required performance parameters of the user by identifying details of operating inputs
and outputs. In an analogous manner to functional characteristics, they do not state how
this performance will be achieved by the contractor.

The following concept of performance specifying has been primarily developed utilizing the
Construction Specifications Institute (CSI) Manual of Practice, SP/090 Performance
Specifying Supplement:

While prescriptive specifications allow the contractor little freedom in the choice of
materials, fabrication techniques, or methods of installation, performance specifications
give the contractor the opportunity to use inventiveness and ingenuity to fulfill the contract
requirements in an efficient and economical manner. Prescriptive specifications then are a
means, while performance specifications are an end. A performance specification is more
formally defined as "A statement of required results with criteria for verifying compliance."
Performance specifying necessitates clear, definitive communication of required results,
but should not unnecessarily limit the products, methods, or means of achieving those
results.

                                             360
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




There are four essentials in performance specifying:
• Attributes
• Requirements
• Criteria
• Tests

Attributes are the means by which performance characteristics are identified. An attribute,
therefore, can be defined as a characteristic of performance.

Performance specifications are developed by applying attributes to elements of the project.
These project elements are commonly broken down into functional systems, subsystems,
and components. Not all attributes will apply to all elements, and an attribute will not
necessarily apply to the same element in all projects. The designer must match the
appropriate attributes with the desired subsystems or components for each particular
project.

Once an attribute is associated with a particular element, the desired performance of that
element must be defined through requirements, criteria, and tests - the three essential
components of a performance attribute.

Examples of Attributes:

       –Strength, Durability, Watertightness, Settlement, Alignment of a facility,etc.

       –Roof Deflection

Requirements are statements of desired results, usually in qualitative terms. More than
one requirement may be defined for a single attribute.

Examples of requirements:

       –“Design and construct foundation as required to support the completed facility
       safely and without excessive settlement or other movement during service”

       –“The facility shall be designed and constructed to have a 75-year low
       maintenance service life”

       –“Limit roof deflection”


Criteria are definitive statements of performance for a particular requirement, stated in
quantitative or qualitative terms. Criteria must be either measurable or observable. Several
criteria may be needed to completely and accurately define a requirement.

Example Criteria:

                                            361
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




–“Prefabricated concrete shell segments shall be designed in accordance with EM
2104 for loads and load combinations specified herein in addition to construction loads
during fabrication, transportation, and installation stages.”

–“Limit roof deflection to 1/240th of the span length”

Verification Tests include checks for confirming or substantiating conformance with
performance criteria and a measure of actual or predicted performance level. A test will be
associated with each criterion and may be based on a recognized industry test method,
standard, calculation or engineering analysis, observation, or professional judgment. Test
results may be evaluated by conducting the specified test, or simply by submitting certified
results of previous testing.

Examples of Tests:

       –“Calculate the lateral load capacity of piles and pile-structure connection for the
       critical load combinations specified herein, with a rational analysis model that
       accounts for soil-pile interaction behavior, such as the p-y method.”

       –“Calculate roof deflections under full dead and live loads”

The interim verification predictions may involve extrapolation. Tests that are predictive
of service performance, not simply useful to verify compliance at the end of a project
are preferred. Incremental substantiation at milestone points reduces the owner’s risk.

Verification Tests: From High Risk to Low Risk Methods

-Design-builder’s promise to comply with performance requirements.

-Design-builder’s provision of manufacturer’s product literature that the owner agrees is
a predictor of compliance.

-Design-builder’s provision of manufacturer’s warranty.

-Test results or documents for similar products or elements installed elsewhere.
-An engineer’s seal on drawings, when substantiated on established engineering
principles.

-Laboratory tests of field samples.

-Field tests or measurements.




                                            362
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


ADAPTATIONS OF “PURE PERFORMANCE” SPECIFYING

–Include a List of Acceptable Products and Materials

–Identify Unacceptable Products and Materials

It is very impractical to develop performance attributes for every aspect of a building
system or project component. Therefore, a couple of shortcuts have been developed as
adaptations of pure performance specifying. Some systems or components can be
specified by listing all acceptable alternatives, while others may be specified by simply
listing those unacceptable products and materials. While this appears to be “prescriptive”
specifying, if the list is broad enough, it allows the d-b enough flexibility to obtain many of
the benefits discussed earlier for performance oriented specifications. It allows a certain
amount of flexibility and choices by the design-builder in meeting the owner’s functional
needs, utilizing proven materials, systems or techniques.

ESTABLISHING THE LEVEL OF PERFORMANCE SPECIFYING

Level of Performance Specifying range from full performance to full prescriptive.
Determining the project criteria approach early in the planning process is critical in that this
will set the stage for the Request for Proposal (RFP) and resulting contract. The customer,
users and designers must determine the suitability of the project to the performance
specifying concept. The levels of performance criteria specifying may include the following:

a.     Nominal Criteria (0% - 15% Design).

b.     Partial Criteria (15% - 30% Design).

c.     Full Criteria (30% - 60% Design).

Nominal Performance Criteria represents the broadest levels of performance
specifying. This form of criteria allows the greatest opportunity for innovation and
creativity. The middle level or Partial Criteria allows for innovation on specific functional
elements of the facilities systems, subsystems and components. The narrowest level of
performance criteria or Full Criteria represents a prescriptive approach similar to a full
design utilized in a traditional Design-Bid-Build process. This form of specifying may be
too restrictive to allow proposers to be innovative. Establishing the level of performance
specifying depends on how much latitude the customer is willing to allow the
Contractor.

The Government retains greater control over the project element's configuration by utilizing
a prescriptive degree of performance specifying. In this case, the designer identifies the
particular type of subsystem, component, or item, such as structural steel frame, integrated
light/ceiling system or aluminum curtain wall. Performance criteria are based on
characteristics intrinsic to that type of component. The contractor is allowed latitude in
devising a solution within the constraints of the element's required performance. Since this

                                              363
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


much prescription sacrifices many of the innovation benefits of design-build, it should be
done only when necessary. Structural systems are normally one of the areas most
appropriate for performance specifying.

The Government allows the contractor greater latitude in configuration, material, and
process by utilizing performance based criteria. Describing subsystems or components in
broad terms and function criteria in broad terms, such as "thermal transmission" or
"weather resistance," allows the contractor to respond with any of a variety of solutions.
Glass curtain wall, insulated metal panels, composite panels, precast panels, cementitious
panels, or brick veneer may all provide satisfactory and acceptable "exterior walls."

PROJECT ELEMENTS TO WHICH PERFORMANCE SPECIFYING IS APPLICABLE

The first determination the designer must make is which elements of a project, if any, may
be specified in performance terms. Which elements provide a range of available options
where competition among those options will be advantageous to the Government? The
question applies to any scale of project element (i.e., material, product, component,
subsystem, or system). For example, a performance specification might permit the
contractor to use a one-way concrete deck system or a two-way waffle slab, standing
seam metal roofing, or a 4-ply built-up roofing system, and so on. Performance specifying
might also allow a contractor to choose a cast-in-place, precast, steel frame, or load-
bearing masonry structural system.

Where a range of options is available, the following conditions favor the use of
performance specifications:

a.     No single, distinct solution is recognized as an exclusive choice in terms of material,
configuration, or technique.

b.     Costs of options are reasonably competitive.

c.     The project element is a substantial portion of the entire project.

d.     The project element does not necessitate a prescribed configuration or require such
specificity as to preclude options.

Performance specifications may also offer advantages under the following conditions:

a.    A project element embodies a technology where state-of-the-art has not yet evolved
a standard solution for a given situation.

b.    Development beyond state-of-the-art is required of an existing product or
construction item.

c.    Nothing exists on the market that will satisfy the owner's design or construction
needs.


                                             364
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




APPLICABLE SOURCES AND STANDARDS

Familiarity with related data such as previous performance specifications, performance
standards, industry standards, design guides, and federal regulations and standards is
essential in developing performance specifications. The designer must make certain that
referenced standards or tests are performance oriented. In addition, the designer must
insure that a particular standard or test is valid, applicable and useful to the quality of the
end product.

PERFORMANCE VS. PRESCRIPTIVE SPECIFYING

Avoiding specification conflicts is critical in performance specifying. Do not specify the
same item in both prescriptive and performance terms. This creates a potential conflict
between specified performance criteria and actual performance of the described
component. Specifying a partition, for example, constructed of 2x4 studs spaced at 16
inches on center with 518-inch gypsum board both sides, and requiring a Sound
Transmission Class (STC) rating of 45, creates a conflict. The contractor would have the
option of complying only with the lesser requirement. Another common conflict in
performance specifying is where the design specifies a product or system as partially
performance and partially prescriptive. In this case, the contractor will tend to lean towards
the prescriptive portions and seek clarification on the performance aspects. As a result, the
Government may be required to complete the prescriptive solution to avoid ambiguity

DRAWINGS/SPECIFICATIONS COORDINATION

Most performance specifications will be augmented by drawings that further describe
written performance requirements. The drawings may consist of bubble diagrams,
schematic layouts, single line plans, maximum and minimum dimensions, critical
dimensions, modular increments, and component arrangements. Nominal performance
criteria will dictate that these drawings be schematic in composition and content. In full
criteria the scope of performance specifying requires more definitive drawings. Any
drawings that represent only a suggested configuration, and do not require strict
adherence, should be so noted.

Designers should avoid contradictions between written and graphic materials. Some
elements can't be communicated verbally and should be conveyed graphically. Definitive
floor plan layouts may in some cases be included; however, opportunities where alternative
solutions may be utilized should be clearly indicated to the potential proposers. The
Government provides only a conceptual project design to each proposer. These drawings
should provide the proposer with enough information to determine configurations, details,
and quantities of the subsystem, and ultimately facilitate the development of their proposal.


STATEMENT OF WORK SECTION 01010



                                             365
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


The Statement of Work (SOW) is a translation of the customers needs into a definable
product/facility, which can be constructed within the parameters, and requirements of
Government Procurement Regulations. The information contained in the SOW begins with
an overall project or program summary. This summary must be written in the broadest
terms and represent the functional need for the product or facility.

With the overall product/facility summary established, the SOW should begin to develop
and identify the details of the project.

There are at least two general methods used to prepare and organize performance
specifications in the Statement of Work. The RFP writer can prepare performance
requirements, organized similar to the MasterFormat, with separate paragraphs for
each major division or the writer may organize the requirements, utilizing a “systems”
approach, based on the UniFormat, again with separate paragraphs for each system.
Here are some comparisons between the two systems.


               Statement of Work Section – 01010
                     “MasterFormat”                vs.       “UniFormat”
       •      MasterFormat with 16                   •    UniFormat – organized
              Divisions – organized                       around “systems and
              around “materials,                          assemblies”
              products & activities”                 •    Levels of specificity allows
                                                          more control over the
       •      Same product or activity
                                                          levels and details of specs
              can appear in several
              divisions                              •    Four building blocks:

       •      Format is suitable for                      – Attributes
              product-centered specs                      – Performance
              for documenting completed
                                                          – Criteria
              design as a basis for
              contracting                                 – Verification
                                                            (Substantiation)
  425-C- 36                                                                       DTP-CEHND




Note: UniFormat is prescribed in ASTM E 1577

                   Performance Criteria System Titles - ASTM E 1577
                         A   –   Substructure
                         B   –   Shell
                         C   –   Interiors
                         D   –   Services
                         E   –   Equipment and Furnishings
                         F   –   Demolition
                         G   –   Sitework




                                                    366
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



                        Performance Specifying
                 Using a UniFormat Systems Approach
                  - An Example for a Navigation Dam
                        General Design-Build Requirements

                                                               SYSTEM 2
    SYSTEM 1               Skin Plates & Strut                 Concrete Structures
    Tainter Gate           Arms
    Attributes,                                                - Gate Section
    Performance,           Anchorage Assembly                  - Stilling Basin
    Criteria,                                                  - etc.
    Verification
                           Seal Assembly
                                                               SYSTEM 3
                           Control System                      Foundations         etc.

                          Hydraulic Cylinder & Power Units

                           Position Indication System
  425-C- 46                                                                         DTP-CEHND




Tthe development of the SOW, using UniFormat, starts at the most basic level, for
example; substructure, shell, interiors, services, etc. These basic systems are further
defined to delineate the expected component systems, for example; SUBSTRUCTURE:
FOUNDATIONS, BASEMENTS, OTHER SUBSTRUCTURE ELEMENTS. Each of these
component systems is then focused into the project specific information from which the
offerors will develop their proposals.

The assembly of the SOW in terms of systems requirements is the latest trend in
performance specifying. This methodology does not however relieve the Government staff
or contract A-E preparing the SOW of the responsibility to comply with Federal Laws,
Regulations, and Directives. On a Design-Bid-Build project, these requirements were likely
contained in the CEGS sections edited and issued with the solicitation. For a design-build
Statement of Work, any mandatory requirements from guide specifications or other
Government technical publications should be extracted and described in the SOW, rather
than attaching or referencing the source documents, where possible.

The SOW must address all the required systems and sub-systems for the project.
Particular attention should be paid to identifying any prescriptive requirement in the project.
The SOW must clearly state the mandatory items to allow all Proposers to include these
same items in their proposals. The prescriptive requirements must be limited to those
absolutely necessary. The more freedom to meet the functional requirements the offerors
have, the more innovative and creative the proposals can become. Alternately, the SOW
should identify any systems, products, or features that would not be acceptable for
inclusion in the project. This identification of unsuitable features is critical with the use of
performance specifications. Without limitations, any system, which can suitably address
the functional requirement, would be acceptable.

                                              367
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                                            368
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                        EXHIBIT 1
       SAMPLE -SECTION 01010 "STATEMENT OF WORK"
      EXAMPLE OF A "FULL PROJECT CRITERIA" D-B ACQUISITION
     FOR A LARGE ADMINISTRATIVE OFFICE COMPLEX “SPARKMAN
                       CENTER ADDITION”

This sample is from a successful Mobile District project at Redstone Arsenal, AL. Ron Kalifeh
originally wrote it and Joel Hoffman adapted it. The performance requirements also refer to
attached specifications, written in CSI’s 16 Division MasterFormat.

                                   TABLE OF CONTENTS

1.     DESCRIPTION OF PROPOSED CONSTRUCTION

2.     DESIGN

3.     GENERAL SPACE REQUIREMENTS.

       3.1 Introduction

       3.2 Building Description

       3.3 Definition of Areas

4. DRAWINGS

5. SPECIFICATIONS

6. CODES

7. NARRATIVES ON AREAS AND FUNCTIONAL REQUIREMENTS

       7.1 Computer Center

       7.2 Conference Room

       7.3 Electronic Meeting Room

       7.4 Technical Library

       7.5 Technical Publications

       7.6 Open Office Space


                                               369
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




       7.7 Executive Suite

       7.8 Cafeteria Expansion

       7.9    Central Core

       7.10 Penthouse

       7.11 Telecommunication Spaces.

8. CENTRAL PLANT

9. GENERAL DESIGN CRITERIA

       9.1 Access Streets, Parking and Drainage

       9.2 Earthwork

       9.3 Geotechnical Design

       9.4 Utilities

       9.5 Landscape Architectural Features

       9.6 Architectural

       9.7 Interior Design Finishes and Material Requirements

       9.8 Structural Design

       9.9 Fire Protection

       9.10 Plumbing

       9.11 Heating, Ventilating and Air Conditioning (HVAC)

       9.12 Mechanical Specialties

       9.13 Electrical System

       9.14 Electronic Systems




                                            370
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




                  SAMPLE SECTION - 01010 STATEMENT OF WORK

1. DESCRIPTION OF PROPOSED CONSTRUCTION

The Sparkman Center Addition project shall consist of approximately 236,100 gross
square feet of administrative buildings and up to 5000 square feet of Central Plant
addition, if needed. The site location, existing utilities, vicinity roads are shown on the
drawings and preliminary geotechnical data is contained in Appendix "A". The buildings
shall be of good quality Type I or Type II construction as defined in the latest edition of
the Uniform Building Code, based on size, height and zone of buildings, etc. No
asbestos containing materials shall be used in this project. The construction shall be on
a site on Redstone Arsenal near the intersection of Martin and Patton Roads as shown
on the drawings.

2. DESIGN

The project shall be designed and constructed in accordance with the criteria contained
herein and using industry standard materials and efficient practices. The building design
and the materials selected shall be high quality, durable and easily maintained. The
Contractor shall be responsible for the professional quality, technical accuracy and
coordination of all designs, drawings, specifications and other documents or publications
upon which construction is based.

The objective of this contract is to design and construct the required facilities using the
master plan developed for this area. The Contractor shall design and construct two
buildings and the two connecting walkways. The Sparkman Center Addition shall be
designed and built to comply with the total area requirements and to match the appearance
of the existing Sparkman Center buildings. The building elevations shall match those of the
Sparkman Center. The new buildings finish floor elevations and ceiling heights shall be the
same as that of the Sparkman Center buildings.

The exterior architectural character and appearance of the buildings and interior finishes
shall be the same as the Sparkman Center. The parking scheme, sidewalks, ring road
accesses and landscaping shall be consistent with and complimentary to the Sparkman
Center complex.

The design of architectural, interior, structural, mechanical, fire protection, electrical, civil,
and other engineering features of the work shall be accomplished and reviewed and
approved by engineers, architects, and interior designers registered to practice in their
respective professional field in a state or possession of the United States, in Puerto Rico,
or in the District of Columbia.

The design shall provide maximum flexibility for distribution of heat, air conditioning,
communications, lighting and power, etc. with rearrangements of interior office partitioning
to facilitate future changes in missions, personnel and equipment.

                                               371
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




The interior systems shall be designed such that the building's private office space is
expandable without system relocations. This includes HVAC ducts and registers, lights,
electrical and communication outlets, fire suppression system, fire alarm system, and
paging and sound masking systems. This means the Contractor shall layout space for, but
not install, additional private offices (10 ft. by 15 ft.), and conference rooms (20 ft. by 20 ft.)
constructed of movable partitions. The Contractor shall layout an additional 50% more
offices than are constructed on each floor and one conference room per floor. The
Contractor is not required to purchase the additional offices. This does not eliminate the
requirement of attic stock partitions. The location of the future offices and conference
rooms shall be around the Central Core as much as possible. In the future, the
Government may construct these additional offices and conference rooms without having
to relocate any of the above mentioned systems. The layout of the building systems shall
be such that all codes are met whether the partitions are installed or not.

The design and construction of this facility shall conform to the drawing, specifications and
design requirements issued in this solicitation. The drawings issued with this solicitation are
design drawings from the Sparkman Center and the LOGSA Operations Facility projects
with minor changes. Although the design is complete, only a representative number of
drawings are issued in this solicitation. The drawings issued provide details for the
proposers to obtain the layout, dimensions and materials to be used in this facility. The
Government will provide to the Contractor, architectural and structural drawings from the
Sparkman Center and all design drawings LOGSA Operations Facility, plus specifications
and design analysis from the buildings. Most of the drawings are available in CADD. The
Contractor may use the design and modify them as necessary to comply with the
requirements of this contract. The Contractor shall check the drawings and calculations for
accuracy and applicability to this project because the Contractor is responsible and liable
for the complete design. Some of the design requirements of this contract are different
than were used on the Sparkman Center and LOGSA Operations Facility. The Contractor
shall not assume the provided drawings, specifications and design analysis will alleviate
him from doing any design. Some items which may be different than the Sparkman Center
and LOGSA Operations Facility, include but are not limited to allowable soil bearing
capacity obtained from the Contractor's soil borings, elevation of structural slab, footing
design and depth, building code changes, exits and corridors which conform to the life
safety code, computer electrical and cooling loads, lighting requirements, personnel
heating and cooling loads, and location of specialty areas.

During the proposal preparation period, the sets of documents listed above will be
available for proposers to view. See Section 00110 of this solicitation for more information.

3. GENERAL SPACE REQUIREMENTS


3.1 Introduction
The Sparkman Center Addition will accommodate a diverse multifaceted number of
organizations. The new technologically advanced facility will provide a work environment


                                               372
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


where interaction between organizations can be most efficient. The kinds of organizations
that will be housed in the Sparkman Center Addition fit this kind of concentrated general
office use. Some of the areas of the facilities will be identified for dedicated use. Most
others will require the use of movable partitions to give the flexibility for change. The
design of the facilities shall allow for this kind of flexibility. This arrangement for the open
area will take maximum advantage of natural lighting using pre-wired workstations. The
private office requirements are expected to be located close to the center of the floor plate
next to or adjacent to the central core facilities, unless specific requirements dictate
otherwise. The layout, purchasing and installation of the movable partitions and the pre-
wired workstations shall be the responsibility of the Contractor. The Contractor shall
provided design drawings to the Government on Intergraph compatible magnetic tapes for
all general floor plates for the proposed facilities. The Government shall provide
documentation indicating the number of occupants within a directorate and the
directorate’s functional relationship within the floor plate. Smoking will not be permitted
within the buildings of the Center.

3.2 Building Description
The Sparkman Center Addition shall consist of a four story "A" building with a basement
and a three story "B" building in the configuration shown on the drawings. The buildings
shall be connected to each other with walkways. The existing "A" building, building No.
5300, has 5 stories above grade with a basement. The building is concrete frame with
post-tensioned beams. The "B" building, building No. 5303, is a three story steel frame
structure without a basement. There are other "B" buildings in the complex but building No.
5303, or B3, is the one used to develop the drawings shown. Both buildings have
penthouses to house mechanical equipment. Unless engineering design and space
allocations dictate, building addition is not required for the Central Plant.

3.3 Definition of Areas
The following frequently used terms are defined to establish a common understanding.

3.3.1 Net Area (occupiable area) - The gross square feet less building infrastructure and
support members such as exterior walls, mechanical spaces, fixed corridors, restrooms,
stairwells, janitor closets, vestibules, etc. Physical space that is available for use by the
occupant to support the occupant's mission.

3.3.2 Gross Area - all floor area measured from the outer surface of the exterior wall to the
outer surface of the exterior wall. Covered (but not enclosed) walks, terraces, balconies
and patios shall be counted as one-half of the total square feet. Uncovered walks, terraces,
balconies and patios shall not be counted.

4. DRAWINGS

The drawings included in this solicitation were developed from the design drawings of
the Sparkman Center and LOGSA Operations Facility. These drawings are issued to
assist the proposers of the Sparkman Center Addition in preparing their proposals. It is
intended that these drawings depict the character, shape and theme of the facility that


                                              373
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


is to be emulated in the design of the Sparkman Center Addition. These drawings also
show the location of the Sparkman Center buildings, site work items and utilities to
which the Contractor will have to coordinate connections and interface.

5. SPECIFICATIONS

The specifications in PART III-D shall be used as minimum requirements for materials and
installation. They will not fulfill the requirements of Design Special Clause:
SPECIFICATIONS. If there are any conflicts between the specifications and any other
design criteria, the most stringent requirements govern.

6. CODES

Following is a listing of industry standard codes and standards on which the design of this
facility shall be based. Other standards and/or codes, which are industry standard but are
not listed may be used provided permission is obtained from the Contracting Officer. All
codes and/or standards for the organizations listed below shall be considered as
appropriate design criteria and minimum standards of quality and safety. The latest version
of the codes in effect on the date of the solicitation shall be used.

Air Conditioning and Refrigeration Institute (ARI) Air Diffusion Council (ADC)

Air Movement and Control Association (AMCA) Air-Conditioning and Refrigeration Institute
(ARI)

American Conference of Governmental Industrial Hygienist (ACGIH)

American Gas Association (AGA)

American National Standards Institute, Inc. (ANSI)

American Petroleum Institute (API)

American Society for Testing and Materials (ASTM)

American Society of Heating, Air Conditioning & Refrigeration Engineers, Inc. (ASHRAE):

Refrigeration Fundamentals Equipment HVAC Applications

Ventilation for Acceptable Indoor Air Quality

American Society of Mechanical Engineers (ASME)

American Water Works Assn (AWWA)

American Welding Society, Inc. (AWS)


                                            374
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Americans with Disabilities Act (ADA)

Anti-Friction Bearing Manufacturers Association, Inc. (AFBMA)
Army Materiel Command (AMC) 385-100 Safety Manual

Associated Air Balance Council (AABC)

Automatic Fire Detectors, NFPA 72E

Cast Iron Soil Pipe Institute (CISPI)
Code of Federal Regulations 29 CFR 1910 Code of Federal Regulations 29 CFR

1926 Commercial Item Description (CID)

Cooling Tower Institute (CTI)

Electrical Power Systems for Nonlinear Loads, ETL 1110-3-403

Expansion Joint Manufacturers Assn, Inc. (EJMA)

Factory Mutual Engineering and Research Corp (FM)

Hydraulic Institute (HI)
Hydronics Institute (HYI)

Illuminating Engineering Society Installation, Maintenance. and Use of Proprietary
Protective Signal System, NFPA 72

Institute of Electrical and Electronics Engineers (Standards), IEEE Instrument Society of
America (ISA)

Life Safety Code, NFPA 101

Lightning Protection Code, NFPA 78

Manufacturers Standardization Society of the Valve and Fittings Industry, Inc

MIL-Handbook-1008A

National Assn of Corrosion Engineers (NACE)

National Assn of Plumbing-Heating-Cooling Contractors (NAPHCC)

National Electrical Code, NFPA 70



                                            375
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


National Electrical Manufacturers Association (Standards), NEMA National

Electrical Safety Code (ANSI C2)

National Fire Codes (NFC)

National Fire Protection Association (Codes), NFPA

National Sanitation Foundation (NSF)

Plastic Pipe Institute (PPI)

Plumbing and Drainage Institute (PDI)

Sheet Metal and Air-Conditioning Contractors National Association, Inc. (MACNA)

Ten States Standards for Water/Wastewater

Underwriters Laboratories, Inc. (UL) Uniform Building Code (1991)

Uniform Federal Accessibility Standards

Uniform Plumbing Code

7.     NARRATIVES ON AREAS AND FUNCTIONAL REQUIREMENTS

The following narratives are included to aid the Contractor in understanding the
requirements of the functions to be located in the Sparkman Center Addition. Square
footage totals and relational breakdowns are given below for each area to aid in the
design. All materials and equipment are Contractor furnished and installed unless
otherwise indicated.

7.1 Computer Center
The Computer Center, including corridors, electrical room and telephone/ communications
room in this area, shall have 18" raised computer floor. The Computer Center shall be
located in the north half of the first floor of the "B" building. No special security provisions
are required. Utility requirements shall be provided as specified elsewhere in this Section.
The Computer Center shall be designed in accordance with NFPA 75.

7.2 Conference Room
There shall be one 40 person Conference Room provided in the Sparkman Center Addition
located in the basement of the "A" building if the Option is awarded or on the first floor if
the Option is not awarded. There shall be no windows in the Conference Room. The
Conference Room shall be approximately 26 feet wide by 50 feet long. The rear projection
room shall be approximately 26 feet wide by 10 feet deep. The minimum ceiling height in
Conference Room shall be 10 feet. Access to the projection room shall be from the corridor


                                              376
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


and from the conference room. The door from the conference room to the projection room
will be located so that access can be made without walking in front of the screen. Provide
locks on all doors. The Conference Room shall be equipped with an operable partition to
divide the room in half. The operable partition shall not protrude into the room when not in
use. Acoustical barrier in all walls and doors shall provide an STC rating of 50 In
accordance with ASTM E 90. A rear projection screen (5 ft. by 10 ft.) of 3/8-inch acrylic
with metal encasement and ground to manufacturers specifications shall be provided.
Ceiling mounted motorized projection screens (6 ft. high by 8 ft. wide) shall be provided for
each side of the subdivided Conference Room. These screens, equal in quality to Draper
Premier, shall be flat matte white finish with black masking borders. Tab tensioning system
to hold viewing surface flat and wrinkle free shall be provided. One screen shall be
mounted in front of the rear projection screen with controls in the projection room. The
other screen shall be mounted on the opposite end of the conference room with controls
on the wall by the screen. Provide one white marker board (3 ft. by 5 ft.) on each half of the
subdivided room. Special lighting controls with dimming control from wall plates in each
half of the Conference Room and the projection room. Lighting in the projector room shall
be on a dimmer. The subdivided rooms shall have to have separate dimmer controls with a
master controller for use when the entire area is open. Provide cable TV and satellite
capability for the Conference Room and projection room. Pre-wire for sound system with
microphone input, ceiling speakers and program inputs. Provide a single 2-inch projection
mount pipe secured to support 200 lbs. with 2 inches of threaded pipe below the ceiling.
The pipe shall be located 12 feet in front of the front motorized projection screen and
centered in the viewing area of the screen. A 20 amp 120 volt dedicated service for the
video projector shall be provided. The outlet shall be located in the ceiling by the projector
mount pipe. Provide four floor boxes under the table area and one in the podium area in
the raised floor of the Conference Room and two in the projection booth. Also provide
conduit from the ceiling mounted projector to the rear projection room. The Conference
and projection rooms shall be on raised floor.

7.3 Electronic Meeting Room
The Electronic Meeting Room (EMR) shall be located in the northeast comer of the third
floor of the "B" building. The exterior glass surrounding this room shall be spandrel glass
backed by gypsum board walls. The drawing at the end of this Section shows the spatial
arrangement of the area. The Meeting Room shall seat 60 participants at monitors, two
facilitators at monitors, and 16 observers in chairs. Provide a duplex outlet on UPS and
emergency power for each monitor location and two floor boxes (same as open office) in
each room of the EMR. Provide two telephone outlets for each table grouping. The
Government will provide the monitors, tables and chairs. The Meeting Room shall be in an
octagonal shape with tiered seating. There shall be no columns between someone sitting
in one of the shown seats and the screens. Provide light and projector controls at the
Facilitator Stations. All areas of the Meeting Room shall be accessible by the handicapped.
The lowest tier shall be the same raised floor as the open office space. The upper tiers
may be built from fire retardant treated wood or may be raised flooring. Each tier shall be
nine inches above the one below. The ceiling at the upper tier shall be eight feet above the
finished floor and shall be at the same elevation within this room. The Rear Projection
Room shall be ten feet deep. The Observation Room shall be 12-inches above the upper


                                             377
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


tier and on raised floor. Provide a 4 ft. by 10 ft. window of one-way glass in this room. The
Control Studio shall be 12-inches above the upper tier and on raised floor. Provide two, 3
ft. by 3 ft. windows of clear glass in this room. The Control Room will house 62 personal
computer CPUs. Provide sufficient cooling and UPS and emergency power for these
CPUs. Provide a 12 strand, 62.5-micron fiber in a conduit from the Control Room to the
nearest telephone/ communication closet with 20 feet of spare cable coiled on the floor.
The fiber shall be marked with source and destination. Provide adjustable shelving, floor to
ceiling, along two walls of the Storage Room and Office No. 3. Provide a built in reception
desk in the Commons Room. Provide a vestibule and double door entrance from the
Commons Room to the Meeting Room to prevent light from entering while meeting are in
session. All walls shall be gypsum board. Acoustical barrier in all walls, operable partitions
and doors of this area shall provide an STC rating of 50 in accordance with ASTM E 90.
Two rear projection screens (6 ft. by 10 ft.) of 3/8-inch acrylic shall be provided. Two ceiling
mounted motorized projection screens (10 ft. high by 10 ft. wide) shall be provided in front
of the rear projection screens. These screens, equal in quality to Draper Premier, shall be
flat matte white finish with black masking borders. Tab tensioning system to hold viewing
surface flat and wrinkle free shall be provided. Special lighting controls with dimming
control from wall plates in the Meeting Room and the Rear Projection Room. Provide cable
TV and satellite capability for the Meeting Room and Rear Projection Room. Pre-wire for
sound system with microphone input, ceiling speakers and program inputs. Provide two, 2-
inch projection mount pipes secured to support 200 lbs. with 2 inches of threaded pipe
below the ceiling. The pipe shall be located 12 feet in front of each front motorized
projection screen and centered in the viewing area of the screen. A 20 amp 120 volt
dedicated service for each video projector shall be provided. The outlet shall be located in
the ceiling by the projector mount pipes. Also provide conduit from the ceiling mounted
projector to the rear projection room.

7.4 Technical Library
Provide a space located in the basement of the "A" building for the Technical Library if the
Option is awarded or on the first floor if the Option is not awarded. The space shall be
4498 net square feet and be constructed of permanent walls and have raised floors. The
main area shall contain four (4) Government furnished and installed (GFI) Kardex
Lektriever units with their associated work space. These units are 102inches by 48-inches
and weigh 6750 lbs. when loaded. Each unit requires a dedicated 120 volt, 20 amp circuit.
A space in the Library, approximately 40 ft. by 40 ft. shall be for file storage. Motorized
rolling shelving will be furnished and installed by the Government on top of the raised floor
in this room. The total weight of the loaded rolling shelves is 35,250 lbs. The raised flooring
in the library shall be able to support the load of the loaded rolling shelving. Three (3) 110
volt, 20 amp dedicated circuits with NEMA 5-20 outlets shall be provided along the top of
one wall. The finishes in the library shall be the same as the open office space except the
file storage area shall not have carpet on the raised floor.

7.5 Technical Publications
Provide a space located in the basement of the "A" building for the Technical Publications
if the Option is awarded or on the first floor if the Option is not awarded. The space shall be
5950 net square feet, constructed of permanent walls and have raised floors. The


                                              378
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Technical Publications area shall be comprised of two separate areas. The main area shall
have eight (8) GFI Kardex Lektriever units with their associated work space. These units
are 102-inches by 48-inches and weigh 6750 lbs. when loaded. Each unit requires a
dedicated 120 volt, 20 amp circuit. The secondary area consist of work stations and file
server. The finishes in this room shall be the same as the open office space. The raised
flooring in this space shall be able to support the load of the Kardex units.

7.6 Open Office Space
All non-specific areas shall be open office space. The open office space and non-fixed
corridors shall have raised floor system. Pre-wired workstation shall be provided in this
area. The Contractor shall purchase and install the pre-wired workstations under this
contract. The design and layout of the pre-wired workstations as well as work station
installation is included in this contract. Private offices in the open office space shall be
provided by the use of movable walls. Provide 102 private offices distributed throughout
the facility. If the Option is awarded, provide additional private offices. The offices shall be
10 ft. by 15 ft. with doors having F07 locks. The offices shall be installed around the
Central Core and will generally be connected to each other. The private offices shall be
dispersed throughout all floors of the buildings as User requirements and open office
space allows.

7.7 Executive Suite
There shall be two Executive Suites in the general configuration indicated on the drawings.
Both shall be located on the top floor of the "A" building in opposite corners. The area shall
be constructed of private offices with gypsum board walls. The kitchen shall have a built-in
stove, an ice maker, a sink, cherry wood base and wall cabinets and a space for a
Government furnished and installed 17 cu. ft. refrigerator with water hook-up. The restroom
shall have a shower and vanity. The conference room shall have a motorized, ceiling
mounted projection screen. Office door locks (F07) shall be provided on all doors in this
area. The Executive Suite, excluding the kitchen and restroom, shall be on raised floor.

7.8 Cafeteria Expansion
Food service in the Sparkman Center cafeteria shall remain in operation while the
renovation is being conducted. The Contractor shall submit for approval, a phasing plan
that ensures the cafeteria will remain in operation before construction is started. In order
for the cafeteria to remain in operation, only one piece of equipment of the same type may
be out of service at a time. The renovation work shall be done only between the hours of
2:30 pm and 5:00 am, Monday through Friday, and all day on weekends. The Contractor
shall be responsible for all security and dust control within the existing area. The
renovation involves removal of existing equipment, relocation of existing equipment,
addition of new equipment, fabrication of some equipment, addition of a "specialty food"
area, and an additional seating area. The Contractor shall determine the location and
capacity of all existing utilities before the design is started. All items removed shall remain
the property of the Government. A registered food service consultant, who shall also
review and approve all utility, fabrication, layout and construction shop drawings and the
construction and installation phasing, shall design the renovation. The Contractor shall
modify existing utilities and facilities as necessary to accommodate the following


                                              379
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


requirements.

A "specialty food" area (excluding seating) not exceeding 2000 sq. ft. shall be added to the
cafeteria. It shall be located between column lines 36 and 37 and back up to the existing
dishwashing area. This area will serve different types of food all by the same vendor who
runs the cafeteria. The concept of this area is for a patron to purchase an item and drink
and pay for them at cash registers in the specialty food area and sit in the cafeteria dining
area. The specialty foods to be served are drinks, tacos, pizzas, submarine sandwiches
and baked potatoes. Approximately 300 customers will be served from this area each day
between the hours of 11:00 am and 12:30 pm. The following method of operation shall be
used to design and construct the specialty food area. The taco shells will be fried in the
existing kitchen fryers. The taco meat will also be prepared in the main kitchen. All other
items shall be refrigerated in a specialty unit at the serving area. A hot holding cabinet shall
be provided to hold the meat, refried beans, melted cheese, etc. Pizza will be sold by the
slice. It shall be displayed on a heated display tray. A pizza oven and refrigerated garnish
storage work table shall be provided in this area. All meats and cheese for the submarine
sandwiches shall be prepared in the kitchen. A reach-in refrigerator and sandwich garnish
storage unit shall be provided in the serving area. Potatoes shall be baked in the new
convection oven located in the kitchen. They shall be maintained hot in a heated holding
cabinet located in the serving area. A refrigerated garnish storage unit shall be provided.
Two separate cash registers, Government furnished and installed, shall be used for all of
the specialty food items. An ice\water\8-head carbonated beverage dispenser with top
mounted ice making system shall be provided in this area. A glass lowerator shall be
provided on the side of this beverage dispenser. An 8 ft. by 8 ft. office shall be provided
near the specialty food area. Provide proper ventilation for the new equipment in this area.
A common hand sink, 800 lb. ice maker with bin and microwave oven shall be provided in
this area.

In the scramble area, the Contractor shall add a new fabricated L shaped, hot\cold food
counter with the following items new built-in or set in, add a 5 ft. refrigerated cold pan, an
electric 10-hot wells (wet), a 2drawer bun warmer (built-in) under last well, a protector
guard over hot wells, and a 2-tier display shelf over cold pan. This L-shaped counter shall
be located on the north side of column line Y and between column line 34 and column line
35, on the south side of the scramble area, abutting the wall. This counter shall be backed
up with electric hot and cold food cabinets, which will be provided by the Government.
Located beneath this counter shall be a drain line and cold water supply. In the grill
section, extend existing item No. 77, Hood, by 2 feet or of sufficient length to cover the new
grill on the south end. Remove existing item No. 79, 3 foot gas char grill and replace with 5
foot gas char grill. Add a new 5 foot, 2-door, self-contained, refrigerated sandwich unit on
the southeast corner of the back wall and remove an existing table.

In the beverage area, add a new single-sided cashier station north of column line X.4 and
8 feet east of column line 35. Add an ice\water\8head carbonated beverage dispenser with
top mounted ice making system. Add two (2) glass lowerators, one on each side of this
beverage dispenser. Locate this item on the south side of column line Y between column
lines 34 and 35. Add a 6 ft. tray slide on the south side of column line 34. Add a 15 ft. tray


                                              380
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


slide on the south side of column line Y and between column line 33 and 34. Add a 5 ft.
tray slide on the east side of column line 33 and the south side of column line Y. Add a 4 ft.
tray slide on the east side of column line 33 and the north side of column line X.4. Add a 4
ft.. tray slide starting 18 feet east of column line 33 and on the north side of column line
X.4. Add a 6 ft. tray slide on the east side of column line 34 and the north side of column
line X.4. All tray slides shall match existing.

In the dishwashing area, add a new 8 ft. by 3 ft. soiled tray window with sound proof tunnel
and a 30 ft. motorized conveyor belt with a 90 degree right turn on column line 37 between
column line AA and column line Z. Provide a new dish scraping table with the required
drains, garbage disposal and utilities at the end of the new conveyor. Provide new tray
racks in the existing conveyor, item No. 106, with a minimum vertical spacing of 12 inches.
Increase the conditioned air flow in this room by 500 cfm from the new system installed in
the new "B" building.

In the kitchen area, additional new equipment shall consist of one (1) gas double
convection oven, two (2) 75 lb. gas fryers, one (1) 6-hot eye gas range, one (1) section of a
gas stack oven, one (1) section of hood, one (1) built-in, self cleaning, 1/2 dice cuber
system, one (1) 1300 lb. ice maker with 1400 lb. bin, one (1) two-door 46.5 cu. ft.
refrigerator, one (1) fabricated 6 ft. bakers work table with overhead shelf and nine spice
bins, one (1) buffalo chopper, one (1) 5 ft. section of clean dish table, one (1) carbonated
soda system, and one (1) 8 ft. work table.

Remove two of the existing fryers, item No. 50 and replace with the two new fryers. Add
the range abutting on the west side of existing item No. 48, range. Add the section of stack
oven on top of existing item No. 46. Add the convection oven on the west side of stack
oven. Add a section of hood to existing item No. 52, exhaust hood, to cover new
equipment or provide a new hood over new equipment. Remove the western most existing
item No. 62163 ice storage bin maker and add the cuber with bin. Remove existing item
No. 37, bakers work table and replace with existing item No. 23, work table with sink.
Position this table with the sink on the right side (operators view). Relocate existing item
No. 35, mixer, and existing item No. 54, 2-door refrigerator, to the new bakers area, room
No. 2157. Remove door, frame and 3 ft. of existing wall on the west side of existing
electrical panels and install cased opening.

Relocate existing item No. 35, mixer, to the southeast corner of the new bakers area with
the bowl facing west. Locate the new bakers work table on the north side of this mixer.
Relocate existing item No. 54, 2door refrigerator, in the southwest corner of the new
bakers area. Locate the new work table on the north side of this refrigerator. Add required
utilities for refrigerator and mixer. Remove existing item No. 26, freezer, and replace with
new refrigerator. Fabricate a 5 ft. section of item No. 32, clean dish table, and attach to
east end by welding. Add new soda system 8 ft. west of column line 30 and between
column line Y and column line X.6 next to existing item No. 59, soda system, and provide a
6-inch conduct above the suspended ceiling for soda lines. Where new walls are added
adjacent to food service equipment, the wall shall be covered with glazed ceramic tile.



                                             381
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


The Contractor shall perform a study of the entire cafeteria operation. Provide the
Contracting Office four copies of the study when it is complete. The study shall be used as
a basis of design the cafeteria expansion. The Contractor shall bid the equipment and
associated work as specified in the paragraphs above. If the study indicates something
other than what is specified above, an equitable adjustment in the contract price will
be made.

The study shall include population and feeding counts now and in the future, the users
method of operation now and in the future, a survey of patrons for eating times and food
preferences, and a time/motion study of the food preparation, dishwashing, scramble and
cashier areas. The survey results shall be used to design the cafeteria expansion.

The Contractor shall design the cafeteria expansion to a concept design stage (about 10%)
using the results of the study as a basis of design. He shall present the concept design,
which shall include drawings, sketches, equipment types, cost estimate, and survey
results, to Government personnel for review and approval. There shall also be a meeting
where the Contractor will provide a presentation of the design. After approval, the
Contractor shall incorporate required changes and proceed to the 50% and 90% design
stages.

The seating area shall be expanded into the first floor of the new "B" building to seat 332
additional customers plus any displaced by the new specialty food area. This area shall
contain 9000 of gross square feet. The design and finishes shall complement and match
the existing seating area in the Sparkman Center. A private seating area shall be
constructed as part of this space. The private seating space shall seat 90 people and be
separated from the rest of the dining area using an operable partition. Provide a ceiling
mounted motorized projection screen and separate switch for the lights in this area. If this
seating area has windows in it, the windows shall have blinds and blackout curtains. No
additional exterior seating is required. The new tray drop-off window shall open into this
new seating area. The entire cafeteria area shall be securable with rolling grills and locked
doors.

7.9    Central Core
The Central Core shall be as indicated on the drawings. The Contractor may make
modifications to comply with updated codes or revised building requirements. The Central
Core shall include a break room, restrooms, janitor closets, electrical closets,
telephone/communication closets, mechanical rooms, service entrance rooms, elevators,
elevator lobby, copy room, and stairs as indicated on the drawings.

7.9.1 Break rooms
Break rooms, as shown on the drawings, shall be provided on each floor. These areas
shall include a sink with built-in base and wall cabinets to accommodate microwave ovens
and coffee makers and seating areas. Vending area shall be furred down to create a
continuous, refined perimeter around the room. Sufficient electrical outlets, water supply
lines and drains shall be provided to accommodate vending machines, microwave ovens,
coffee pots and two refrigerators with ice maker. Contractor shall provide a built-in crushed


                                            382
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


ice maker with water hook-up in the a break room on the first floor of each building.

7.9.2 Restrooms
Restrooms shall be provided on each floor. The edge of the countertop shall have a raised
edge to prevent water from running onto the floor. The style, materials and quality of the
restroom accessories shall match those in the Sparkman Center. Provide trash
receptacle(s) with a total capacity of 24 gallons in each restroom. The restroom across
from the Electronic Meeting Room may need to be redesigned for the occupancy of the
EMR.

7.9.3 Stairs
Stair doors shall open into an alcove so that the door doesn't open into a corridor. The
stairs may need to be redesigned to comply with NFPA 101-94. Stairs that continue
beyond the level of exit discharge shall be interrupted at the level of exit discharge by a
partition.

7.9.4 Electrical Closets
The closets shall provide room for the installation of panelboards, transformers and other
electrical equipment. The closets shall be dedicated solely for this purpose and be sized to
comply with the National Electrical Code. No HVAC ducts or plumbing shall be routed
through the dedicated electrical space or over electrical equipment. The closets shall
contain raised flooring and be ventilated. All power conductors under raised flooring shall
be neatly bundled, properly tagged and labeled. Closets shall be located as shown on the
drawings.

7.9.5 Telephone/Communication Closets
The closets shall provide the interconnection between the horizontal distribution system
and the backbone distribution system. The closets shall contain raised flooring and be
ventilated. The closets shall be located as shown on the drawings.

7.9.6 Telephone/Communication Service Entrance Room
The Service Entrance Room shall be located in the Central Core on the first floor of each
building. The telephone/communication room shall provide adequate wall and floor space
for installation of equipment cabinets and racks to contain wire termination equipment
consistent with the telephone company's and the agencies requirement for data circuits. All
walls of the room shall have 3/4 inch fire retardant plywood. All service entrance and
telephone backbone system conduits shall terminate in this room. The Service Entrance
Room and the telephone/ communication closet on the first floor may be combined into
one room.

7.9.7 Electrical Service Entrance Room
The Service Entrance Room shall be located in the Central Core on the first floor of each
building. The electrical room shall provide adequate wall and floor space for installation of
equipment. The Service Entrance Room and the electrical closet on the first floor may be
combined into one room.



                                            383
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



7.10 Penthouse
The Penthouse shall house mechanical and elevator equipment. All openings in this area
shall contain 6-inch curbs to contain spills. A moisture detection system shall be provided.
Provide a minimum of two (2) floor drains connected to the sanitary sewer per contained
area. The floor shall be sloped to the drains. The penthouse shall not be used as an air
plenum.

7.11 Telecommunication Spaces
In the interest of obtaining a facility that will be adaptable to changing telecommunications
requirements and evolving technology, the following information is presented to aid in
incorporating such features. These several telecommunication services include telephone
communications, data communications, environmental control systems, audio and video
systems, and security and alarm systems. Each of these systems, although separate in
function, will require special areas throughout the facilities to house equipment and cabling.
These facilities and areas are as follows:

a.     Service entrance rooms

b.     Telephone/communication closets.

c.     Electrical closets

7.11.1 The Contractor shall coordinate the design and installation of these spaces with the
various telecommunication systems that exist in the Sparkman Center buildings. Following
are the architectural, mechanical and electrical requirements for the telecommunications
spaces and facilities. All telecommunications spaces will have the following:

Security locks on doors (Government will provide cylinders)

Fire detection/suppression

Temperature and humidity control with proper outside air ventilation .

115 volt and 208 volt 3 phase power outlets and ground connections as required for
connection of equipment.

Uninterruptible power supply and auxiliary power shall be supplied to all equipment in
rooms.

8.     CENTRAL PLANT
The existing Central Plant of the Sparkman Center shall be used for this project. The
Central Plant shall house all major mechanical and electrical equipment. This shall include
such items as steam absorption/steam turbine driven centrifugal chillers, transformers,
switches, etc. Unless engineering design and space allocations dictate, neither the Central
Plant building nor the enclosed equipment yard shall be expanded to house the new
equipment.


                                             384
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




(Note to the reader: This sample Section 01010 represents design criteria developed and
organized using the traditional format which follows the individual design discipline
approach. This approach may be appropriate when using a "FULL CRITERIA" level of
design development.)

9.     GENERAL DESIGN CRITERIA
The following general design criteria shall be met as minimum requirements in addition to
all aspects of the design, construction and operations meeting the various respective
codes.

9.1 Access Streets, Parking and Drainage

9.1.1 Access street and paved parking shall be provided within the project boundary limits
as shown on the site plan. A total of 981 parking spaces for cars, including handicapped,
shall be provided in the layout as indicated on the drawings, excluding the new parade
ground parking lot. Parking areas shall be paint striped, have lighting and be adequately
drained. Provide parking spaces, sidewalks and ramps for handicapped individuals in
accordance with the Americans with Disabilities Act (ADA). Irrigated, landscaped islands
with curbs and gutters shall be used to break up and play down the massive paved areas.
Parking stalls shall be 9 feet wide and 16 feet long. Handicapped stalls shall be 8 feet wide
with 4 feet on each side. Markings shall be 4 inches wide. Traffic aisles shall be 24 feet
wide. Handicapped parking and access routes shall be illuminated to 5 foot-candles
average. The remainder of the parking lot shall be illuminated to 0.5 foot-candles average
with uniformity ratios recommended by I.E.S.

9.1.2 Access streets and paved parking shall be provided within the existing grassed
parade field on the south side of the Sparkman Center Complex. Parking spaces shall be
provided in the parking layout as indicated on the drawings. Geometric design of the
parking area shall be similar to the existing parking lots on both the east and west sides.

9.1.3 Parking grading shall be designed to provide adequate surface drainage. The
slopes of the surface shall be held to the minimum required for drainage. Grade the
surrounding area to provide adequate drainage away from the structures. A constant slope
shall be maintained from the buildings to the Ring Road.

9.1.4 Design of roads and parking lots shall conform to the State of Alabama Highway
Department Specifications. All signs and markings shall conform to Alabama Manual on
Uniform Traffic Control Devices for Streets and Highways. Special care shall be exercised
to minimize traffic congestions. No traffic control devices are required within the Ring
Road.

9.1.5 The parking stalls and access drives between the parking lanes shall be asphalt
paved and designed for 4000 pound wheel load and shall have concrete curb and gutter.
The access drive leading to the new dumpster enclosure shall be designed for 6000 pound
wheel load. Curbs shall be depressed at driveways and intersections for access by


                                            385
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


handicapped. All curb and gutter shall be 12-inch by 24-inch, 6 inches wide, 6 inches high,
6 Inches below grade with 18 inch gutter sloped one inch from pavement edge to face of
curb. Bumper curbs are not required at the parking stalls. Landscaped islands shall also
have curb and gutter.

9.1.6 Sidewalks shall be provided to all exterior doors. Provide a ramp from the parking lot
to a side entrance of each new building. Also, provide a sidewalk from the "A" building to
the courtyard sidewalk.

9.1.6 Sidewalks shall be provided to all exterior doors. Provide a ramp from the parking
lot to a side entrance of each new building. Also, provide a sidewalk from the "A" building
to the courtyard sidewalk.

9.1.7 Provide a concrete road from the parking lot through the vehicular access of the
walkway to the sidewalk of the courtyard. The finish of the concrete shall match the
sidewalk in the courtyard. The road shall be designed for a 4000 pound wheel load. See
Paragraph 6.6.3 of this Section.

9.1.8 The Contractor shall provide a trash dumpster screen enclosure with curb and gutter
for each new building. The dumpster pad and the paved approach immediately in front of
the dumpster shall be concrete pavement. The dumpster enclosures shall match the
existing ones of the Sparkman Center complex. Paved vehicular access shall be provided
to the dumpsters. The Government will provide the dumpsters. The dumpsters shall be
located away from the fronts of the buildings.

9.1.9 The site design storm shall be based on rainfall of 10-year frequency. Rainfall
intensity shall be determined from the best available intensity-duration-frequency data. Site
plans shall incorporate designs that control runoff and erosion. Site plan shall conform to
the applicable requirements of Alabama Department of Environmental Management for
storm water management. The Contractor shall tie into the existing storm drainage system
shown on the drawings. The existing retention pond was sized to handle the runoff from
this site. The Contractor shall check the existing pipe size for adequate capacity to handle
the runoff and replace pipe if necessary. Storm drain curb inlets shall not be place in the
curb and gutter under sidewalks.

9.1.10 Street lighting and tree planting shall be used to reinforce the parking area
hierarchy while satisfying functional and safety requirements. Selection of poles, light
fixtures and placement shall be consistent with and shall match those existing in the
Sparkman Center parking lots.

9.1.11 To ensure safe sight distances for vehicles entering a road or crossing an
intersection, the area around the corners of intersections shall be kept clear of visual
obstructions. The location from where the driver is waiting to cross or enter a traffic lane to
a point 75 feet down the centerline to the right and left forms the sight triangle. Tree trunks,
shrubs, light poles, and other vertical elements shall be kept out of the driver's sight
triangle.


                                              386
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




9.1.12 Do not place parking lots immediately adjacent to buildings (new and existing).
Separate parking lots from buildings with a space at least 20-feet wide which
accommodates landscape plantings and pedestrian sidewalks.

9.1.13 Geometric and traffic control improvements are required at the following locations:

Provide traffic-actuated signals at the intersection of Neal Road with Marshall/Mills Roads.
Provide a 100-foot right-turn lane on the westbound Neal Road approach to Marshall/Mills
Roads.

Provide traffic-actuated signals at the intersection of Marshall Road with Toftoy Road.

Provide a 100-foot left-turn lane on the northbound Toftoy Road approach to Marshall
Road.

Provide a 300-foot left-turn lane on the southbound Toftoy Road approach to Marshall
Road.

Provide a new one-lane roadway from Martin Road to Sportsman Road near the
intersection of Martin and Patton Roads. This new one-lane road will facilitate access into
the Sparkman Center via the existing traffic signal at the intersection of Sportsman Road
with Patton Road and provide a right-turn onto Patton Road from Martin Road. Traffic
moving in both directions on Sportsman Road will be required to stop and yield to traffic on
the new one-lane roadway.

A new northbound turn lane onto Patton Road will be required from the intersection of the
one-lane road with Sportsman Road.

The existing slip ramp from Martin Road to Patton Road will be barricaded.

A drawing of the road alignment is included in the drawings.

9.1.14 Work at the parade ground parking lot includes removing existing curb and gutter,
landscaping and irrigation. New work includes new paved parking lot with landscaped,
curbed islands to match the existing parking scheme. The landscaped islands shall be
irrigated using the existing irrigation system. The parking lot shall be lighted as required for
the other parking areas. The existing trees shall be replanted to other areas of the
Sparkman Center Complex as directed by the Contracting Officer's Representative. New
landscaping shall be provided in the new parking lot. There is a 400 square foot area of
"Grasscrete" in the new parking area to be removed. The topsoil shall be undercut to the
depths indicated on the sketch included in Appendix "A." The resulting depression shall be
filled with satisfactory fill material in the manner specified herein for fill placement. The
topsoil shall stockpiled at the Maintenance Road disposal area. The Contractor may
stockpile the topsoil needed for this project at his staging area.



                                              387
Guidance For Firm Fixed-Price, Design-Build Construction Contracts



9.2 Earthwork

9.2.1 Material shall be classified in accordance with the Unified Soil Classification System
and compaction efforts shall be specified by ASTM standards.

9.2.2 Borrow material may be obtained without payment of royalties from the borrow area
on Maintenance Road northeast of the site. Unless specifically provided, no borrow shall
be obtained within the limits of the project site without prior written approval. Borrow
material classifications and moisture contents are similar to that found above the water
table on site.

9.2.3 Materials removed shall be disposed of in the landfill on Redstone Arsenal. All costs
in connection with disposing of the materials shall be at the Contractor's expense. All
liability of any nature resulting from the disposal of the materials shall be the responsibility
of the Contractor.

9.2.4 Soil Treatment: Just prior to placing concrete slab on grade and just prior to
backfilling around concrete or masonry foundations for structures, soil treatment shall be
applied. All pesticide applications shall be made by state licensed and certified pest control
personnel and in strict accordance with manufacturer's label instructions. The Contractor
shall formulate, treat, store and dispose of the pesticides in accordance with
manufacturer's instructions, and both state and Federal regulations.

9.2.5 There shall be no open cuts on any road or drive for utilities. All drainage lines and
utility lines shall be bored and jacked.

9.3 Geotechnical Design

9.3.1 Preliminary investigation and soil borings: A preliminary geotechnical report and logs
of borings are presented in Appendix "A" of these specifications. Graphic symbols, letter
symbols and soil descriptions, in accordance with the Unified Soils Classification System
indicate field identification of the soils encountered. Laboratory identification tests and
moisture content results, when conducted, are also shown with the corresponding sample
number on the boring log. Two ground water table readings are generally shown on the
boring log. One reading is recorded during drilling while the other is recorded 24 hours
after the completion of the hole unless otherwise shown. The ground water depth is
measured from the top of the hole. The 24 hour reading is considered the true depth of the
ground water table. The ground water elevations shown are for the dates of the drilling and
seasonal fluctuation of the ground water table is be expected.

9.3.2 Although borings have been made by the Government, it is the Contractor's
responsibility to investigate the subsurface soil conditions, ground water table and soil
resistivity beneath the structure's actual location. The Contractor shall use the data
determined by his own investigation to determine bearing capacity, settlement, dewatering
and waterproofing design, footing design, caisson design, rock excavation, utility
installation, etc. The Contractor shall take a minimum of three (3) boring under each


                                              388
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


building footprint. The borings shall be continuously sampled by split spoon or similar
technique to the top of rock and the rock cored 10 feet below the top of sound rock and
logged by a geologist.

9.3.3 The Contractor shall prepare a design analysis based upon all work performed for
this project as well as the previous Sparkman projects. The analysis shall include bearing
capacity analyses, settlement calculations, lateral earth pressures, temporary and
permanent dewatering designs, and deep foundation design such as piling and/or
caissons, if applicable.

9.3.4 During the proposal preparation period, the design analyses and logs of borings
performed by the previous contractors will be available for proposers to view. See Part I of
these specifications for more information.

9.3.5 The "A" building requires a basement to be placed below grade. The design
analysis submitted for review shall consider uplift pressures from groundwater against the
floor slab. A permanent dewatering system is required to place conventional structural
sections of flooring. The basement area shall be sealed from moisture and the permanent
dewatering system shall provide redundancy in the event of power failure.

9.4 Utilities
The Contractor shall notify the Contracting Officer before a utility tie-in is required. The
notification shall be a minimum of 30 days prior to tapping the line. All utility connections
shall be coordinated through the Contracting Officer. It is the Contractor's responsibility to
confirm the specific locations of the existing utilities and to design and construct new utility
services to provide water supply, including the fire protection requirements, and sanitary
sewage for the new buildings. The water and sewage systems shall be designed and
constructed in accordance with the criteria contained herein and shall also conform to
Alabama Department of Environmental Management (ADEM) requirements, as applicable.
The Government will make the taps into the water lines. The Contractor shall excavate to
expose the line, furnish all materials required to make the tap and backfill the line.

9.4.1 Gas Line The existing 12-inch gas line shown on the drawings has been
abandoned shall be removed under the footprint of the building.

9.4.2 Sanitary Sewer

9.4.2.1 The existing gravity sewer system of the Sparkman Center is connected to a
variable speed sewage effluent pumping system that was constructed under the Sparkman
Center project. This pumping system was designed to handle the sewage flows from these
buildings. The existing collection system has adequate capacity to handle the additional
sewage flows that will be generated by this new facility.

9.4.2.2 The wastewater collection and conveyance system shall be designed in
accordance with the Water Pollution Control Federation Manual of Practice No. FD-4,
Design of Wastewater and Storm water Pumping Stations, and No. FD-5, Gravity Sanitary


                                              389
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Sewer Design and Construction. In addition, the designer shall comply with specific ADEM
regulations, which may apply.

9.4.2.2.1 The minimum size sewer laterals shall be 6-inch and the minimum slope of the 6-
inch line is 0.6%. The manhole covers shall match those currently in use at Redstone
Arsenal in all essential details. Materials shall be as indicated in the specifications.
Manholes shall not be located in the roadways or parking lots, but in areas that are readily
accessible for operation and maintenance purposes.

9.4.2.2.2 The Contractor shall provide a new sewage collection and disposal system from
the new facilities to the existing gravity sewer system. The Contractor shall tie the new
system to the existing gravity sewer system. The Contractor shall make the actual
connection in existing manholes. The new sewer lines shall be laid on adequate slopes in
order to obtain the proper cleansing velocities. If gravity flow is unobtainable, a grinder-type
lift station/force main system will be required in order to pump the wastewater generated by
the new facility to the existing gravity sewer system.

9.4.3 Water Supply

9.4.3.1 The water lines shall be designed to provide adequate quantity at sufficient
pressure of potable water for domestic use and fire protection. Industrial water shall be
used for the lawn irrigation system. The flow data was taken from a hydrant in front of
Building 5302 and the pressure was read from a hydrant in front of Building 5304.

POTABLE SYSTEM

Static Pressure - 118 PSI

Residual Pressure - 98 PSI

Flow - 1405 GPM

The Contractor will be required to obtain flow tests near the new project site to confirm the
results of the flow test prior to the start of design.

9.4.3.2. The mains shall be designed and installed in accordance with NFPA 24 and
applicable AWWA standards. The service lines shall be designed in accordance with the
National Plumbing Code and applicable AWWA standards. Building supply lines shall be
sized to meet peak demands with no more than 10 psi pressure loss between the mains
and the building. A curb stop or valve shall be installed near the point of connection to the
main. Fire hydrants shall be manufactured in accordance with AWWA C502 and be
compatible with existing equipment in use at Redstone Arsenal. Materials shall be as
indicated in the attached specifications.

9.4.3.3 The fire mains shall be designed to supply the quantities and at sufficient pressures
for the fire protection system required by Paragraph "Fire Protection" of this document. The


                                              390
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


minimum residual pressure for outside fire protection (hose stream demand) is 20 psig.
The hose stream demand shall be as shown in Table I below. The minimum pressure
requirement for the sprinkler system shall be determined during design in accordance with
Paragraph "Fire Protection". The sprinkler system shall be connected to the potable water
system.

9.4.3.4 The fire pump and related equipment, if required, shall be electric driven and be
designed and constructed in accordance with NFPA 20. Fire pump shall be on emergency
power.

     TABLE I - WATER DEMANDS FOR SPRINKLERED FACILITIES


    OCCUPANCY         Sprinkler Design       Sprinkler         HOSE    Duration of
CLASSIFICATION      Density              Design Area     (Gal/Min)    Supply
                    (GaI/Min)/Fe         (Ft2)                        (Min)

 Light Hazard       0.10                 3000            250          45
 Ordinary Hazard    0.15                 3000            500          60
 Group '!
 Ordinary Hazard    0.20                 3000            500          75
 Group 2
 Ordinary Hazard    0.30                 3000            750          120
 Group 3
 Extra Hazard       0.35                 3000            750          120



9.4.4 Lawn and Landscaping Irrigation System

9.4.4.1 The project shall include a complete operating lawn irrigation system. The piping
design and layout shall be coordinated with the landscaping plan to provide adequate
irrigation requirements/coverage to protect and maintain the health of all areas of plants,
shrubs, and grassed areas installed within the design boundaries including the parking
areas islands. A system shall be selected for minimum maintenance and operational skill
requirements, without waste of water, including the piping, valves, sprinkler heads,
controller and wiring, and all of the other system appurtenances that help to make a
complete and operable landscape irrigation system. The system selected shall be divided
into zones and shall be automatically controlled.

9.4.4.2 The existing irrigation system for the Sparkman Center Complex is connected to
the industrial water system. The system includes a pressurized loop running outside of the
Ring Road. Three-inch diameter irrigation main line stub-outs were installed at various
locations along Ring Road as shown on the drawings. These stub-outs were capped for


                                                 391
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


future use and shall be used as a water supply source for this project. An irrigation
pressure booster pump was installed which supports the irrigation system. The pump is
located near the main entrance off Burose Road. It is rated for 800 gpm at 85 psi. The
system flow characteristics shall be used in the design of this project's landscape irrigation
system. Only one additional 24 zone controller can be added to the system. Six spare
zones are available on the controller installed in the LOGSA contract, which may be used
in this project. The circuit wires are pulled to a box. The box's location is shown on the
drawings. The system shall be designed and installed by an experienced firm regularly
engaged in this type of work for the past three years.

9.5 Landscape Architectural Features

9.5.1 The landscape design for this project shall look like and complement the design
philosophy established for the Sparkman Center project. Using the same plant variety and
species, the designer shall insure that the design principles on selecting and locating this
material are employed to enhance the character and appearance of the building's setting
through minimizing the visual impact of parking and other undesirable areas. The
Contractor shall maintain the landscaping (prune, adjust guy wires, water, fertilize and
weed) for a period of one (1) year after acceptance of the project. The existing irrigation
system may be down for maintenance. Therefore, the Contractor shall have a contingency
plan for watering the landscaping if the irrigation system is not working.

9.5.2 A sample of the landscaping plan of the Sparkman Center is shown on the drawings.
In this project, the Contractor shall provide the same materials, number and species, in the
same relative location as is shown for the Sparkman Center. This includes the area around
the building, the parking islands, and for screening dumpsters and transformers. The
material shall be compatible in scale to match the height and mass of the material used for
the Sparkman Center project. The parking lots shall be bermed to screen them from view
from the road.

9.5.3 Quality plant material shall be as specified by the American Standard for Nursery
Stock, ANSI 260.1. The minimum plant sizes are: shade trees - 3" to 3.5" caliper ball and
burlapped (B & B); flowering trees - 1.5" to 2" caliper B & B; large shrubs - 5 gal. container;
medium shrubs - 3 gal. container; small shrubs - 1 gal. containers; ground cover
(evergreen) - 4" pots; flowering bedding plants (perennial) - 2" height. Provide weed block
fabric for all shrub beds

9.5.4 Passive anti-terrorists barriers to protect the entrances to the building shall be
incorporated in the design. Precast bollards shall be installed at the entrances which match
the ones installed in the Sparkman Center. A 12 foot clear zone shall be incorporated
around the project building. Low growing shrub material shall, however, be allowed in the
clear zone. Buffers and screens shall be developed to provide visual screening and spatial
separation between incompatible land uses or around visually cluttered areas. Where
space and site conditions allow, utilize plant material for visual screening.

9.5.5 All graded and scarred areas within the Ring Road, excluding landscaped planting


                                             392
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


beds and staging area, shall be solid sodded with 419 Hybrid Bermuda grass. The
Contractor shall water, fertilize and mow the grass until construction is complete. The
Contractor shall provide temporary winter grass cover in areas where sodding is delayed
because of the season. The staging area and disturbed areas outside of the Ring Road
shall be seeded and mulched with common Bermuda grass. Steel edging shall be
furnished between grassed areas and all landscaped beds, trees and bushes. The
Contractor shall maintain the grassed areas (cut, water, fertilize and weed) for a period of
120 days after the completion of the grassing operation or contract completion, whichever
is latest. The irrigation system may be down for maintenance. Therefore, the Contractor
shall have a contingency plan for watering the grass if the irrigation system is not working.

9.5.6 Site furnishings: Exterior benches and trash receptacles shall be an integral
component of a well-designed pedestrian network. All mounting hardware shall be
concealed, recessed and/or plugged. Trash receptacles shall have removable liners.
Benches and trash receptacles shall be located in the same relative location as was done
in the Sparkman Center.

9.5.7 Exterior signage shall be fully integrated with the landscaping and exterior
architectural designs. The Contractor shall provide additional exterior directional signs to
direct vehicles to the two new buildings and all other existing buildings. The signs shall be
compatible with the existing signs. The Contractor shall add the building numbers of these
buildings and building 5307 to all existing exterior directional signage. Provide four (4)
twelve-inch high anodized aluminum building numbers for each building.

9.6 Architectural

9.6.1 The architectural theme of this building shall match the Sparkman Center complex.
A "Naturalistic" theme was chosen for the Sparkman Center in order to promote unified
development, which is compatible with a variety of manmade and natural conditions.

9.6.2 The buildings shall be located as indicated on the drawings. The "B" building shall
abut the one story cafeteria building but not be physically attached to it. The connection
shall be constructed as a building expansion joint. A pair of doors shall be provided at this
connection point of the new building to corridor 2177 (north of the cafeteria). Remove as
much of the wall as possible to open the new and existing seating areas. The roof shall be
flashed to prevent leaks. One of the walkways shall connect to building 5307 as an
expansion joint. Remove the inside set of storefront doors in building 5307. The doors may
be reused. Remove the walk-off mat and provide terrazzo in the depress area of the mat.

9.6.3 The new buildings shall be connected to each other by an environmentally controlled
walkway. The new "A" building shall also be connected to building 5307 by a walkway. The
walkways shall match the existing walkways of the Sparkman Center complex. The
walkway between the new buildings shall contain a vehicular access through it. The access
shall have a clear opening of 8 feet wide and 8 feet high. The vehicular access shall be
covered and finished the same as the rest of the walkway. A pair of storefront type doors
with hold open devices shall be provided on each side of this vehicle access. Also a pair of


                                            393
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


storefront door with hold open devices shall be provided on each end of the access from
the walkway. The elevation shall match the existing walkways with a window section and
precast concrete panel below the window removed. Provide precast bollards to prevent a
vehicle from damaging the walkway.
.
9.6.4 The lobby of the "A" building shall be approximately 1500 square feet excluding the
vestibule. The design and finishes in the lobby shall not be as high of quality as the grand
lobby in building 5300 but shall be upgraded from that of a typical "B" building. The lobby
of the "A" building shall have a receptionist window in it with an adjacent office. The
vestibules shall have a recessed walk-off mat. A covered drop-off, as shown on the
drawings, shall be provided at the main entrance to the new "A" building.

9.6.5 Roof shall be a modified bitumen with internal roof drains. The aggregate shall be
white in color and shall match that used on the roofs of the Sparkman Center. Roof top
stacks, fans, and vents shall be concealed or painted the same color as the roof. On the
roof of the "A" building, provide two roof antenna mounts and 2-inch conduit, with nylon
pull rope and with long elbows, from each mount on the roof to the communication service
entrance room. Minimize the number of 90° bends in the conduit. Antenna mount detail is
included at end of this section. The "A" building shall have a metal, standing seam screen
roof, which matches the existing building 5300. Provide window washing anchors on the
roof and balconies of the "A" building.

9.6.6 Another component of the architectural theme which is strongly related to the overall
visual quality and compatibility will be the building materials and details. Suitable building
materials and treatments have been chosen based upon maintenance requirements, cost,
availability, color and texture as well as visual compatibility and the ability to express the
"Naturalistic" Theme. The exterior facade shall be architectural precast concrete panels
with a water repellent coating. The architectural precast concrete panel shall be a
limestone color with a light sandblast finish. The accent color shall be darker, tending
towards a reddish color, with a retarder finish. Accent colors shall be at window sills and
heads, column cover bases and horizontal strips. The colors, texture and finish shall match
those of the Sparkman Center complex.

9.6.7 Use clear anodized aluminum for exposed framing on window walls and storefront
doors. Window wall system shall use green tinted, low E, solar insulating glass. Use
spandrel glass where the area behind the glass does not open into the building. All exterior
windows shall have mini blinds. Mini blinds are not required for storefront windows on the
first floor or in the lobby areas.

94.8 Locate all above grade utility connections, vents and other projections through
exterior walls away from high-visibility areas, such as front facades or pedestrian areas.

9.6.9 Design buildings to minimize life cycle cost, energy consumption, and maintenance
through the proper selection of mass, forms, materials and construction standards. Use
integrally-colored materials to eliminate painting.



                                             394
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


9.6.10 Restrooms, stairs, hardware, exterior doors, elevators, water coolers, signage,
ramps, etc., shall be designed to accommodate the physically handicapped, in accordance
with applicable codes, including the Uniform Federal Accessibility Standards and the
Americans with Disabilities Act.

9.6.11 The main entrances from the parking lot and the courtyard to each building shall
have airlocks. Provide a recessed walk off mat in the vestibule. The main exterior doors
and vestibule doors from the parking lot to each building shall have automatic openers,
button activated, for use by handicapped individuals. The pairs of storefront doors on the
north and south ends of the buildings shall have an astragal and automatic door bottoms to
prevent water from entering the building.

9.6.12 Required means of egress such as pre-wired workstation placement, corridors,
stairs and elevators shall be enclosed as required by the Life Safety Codes. All hazardous
areas within the building shall be enclosed as required by NFPA 101 Life Safety dated
1994, and the Uniform Building Code as well as other portions of these codes as dictated.
The interior corridors shall be provided so that interior access through each building and
walkway to the next building is provided via fixed corridors. The corridor from Building 5302
to the elevator lobby of the new "B" building shall be along the window wall.

9.6.13 The facility shall be designed in accordance with all regional and national applicable
codes (such as the Uniform Building Code, NFPA 101 and 13, etc.). NFPA codes shall be
used to determine life safety and the UBC code shall be used to determine building
construction type, allowable floor area, building height and other building construction
requirements not listed. On all floors of the "A" building and the 1st and 2nd of the "B"
building, no architectural or structural modification are required to meet areas of refuge
requirements. On the 3rd floor of the "B" building, in the area of the EMR, construction
shall meet NFPA 101-94, paragraph 5-1.2 definition for area of refuge (a).

9.6.14 Interior subdividing partitions surrounding specified conference rooms, and private
offices shall be pre-finished and readily movable partitions that will not damage or cut in to
the adjacent architectural finishes. All movable partitions shall be constructed finished floor
to finished ceiling and finished walls. Half of the partitions furnished shall have a glass
panel along the top of the partition. Provide one privacy door compatible with the
surrounding decor and soundproofing requirements for each office and conference room.
Provide one floor to ceiling window type partition with mini-blind for each door provided.
Glass panels shall be laminated to provide the same sound rating as the fabric covered
panels.

9.6.15 The raised floor shall accommodate electrical, data circuits and communications in
all spaces except restrooms, janitor closets, mechanical rooms, elevator lobbies, fixed
corridors, and break rooms. The raised floor height shall be 6-inches in all areas except the
Computer Center. The Computer Center shall extend from the elevator lobby to the north
end of the "B" building for the full width and have 18-inch raised computer floor. The
concrete slab shall be adjusted for the difference in floor heights so that all finished floor
elevations of a floor are the same. 9.6.16 Adjustable shelving, cabinets, brackets, etc. shall


                                             395
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


be provided to accommodate the audio, video and other visual aids equipment in rear
projection rooms for the Conference Room.

9.6.17 Provide two (2) passenger elevators in the "B" building and three (3) in the "A"
building to service to all occupiable spaces. A freight elevator is not required.
9.6.18 Facility shall be designed such that the U-factors shall be a minimum of 0.15 for
wall, 0.05 for the roof and 0.55 for glass (these U-factors shall be used unless otherwise
noted in another portion of this document).

9.6.19 Fixed walls and floors shall have a sound transmission coefficient of not less than
45.

9.6.20 Use interior doors that have a minimum width of 2'-8". Stairwell doors shall have a
glass section in them. Provide the maximum size allowed by the code.

9.6.21 The Contractor shall provide all lock cylinders for interior doors requiring locks.
Hardware shall be series 1000 locksets. The Government will provide Lockwood cylinders
for mechanical, electrical, and communications rooms and exterior doors. The Contractor
shall provide dummy cylinders for these doors that will accept the Lockwood cylinders. Mop
plates shall be provided on all restroom and janitor closet doors. Kick plates shall be
provided on all doors with closures. Provide dummy cover plates for all locks requiring
Lookwood cylinders.

9.7 Interior Design Finishes and Material Requirements

9.7.1 In general, wall colors throughout the facility shall be a warm, neutral color that will
enhance accents colors used in the furniture and artwork. The color, texture and pattern of
the carpet tile, movable wall fabric covering, and wall covering shall match that used in the
Sparkman Center. Structural accent colors shall be limited to public spaces defined as
restrooms, break rooms, conference rooms, elevator lobbies and executive waiting areas.
The cove base and door trim color shall a neutral color and shall be consistent throughout
the facility. Interior wood doors shall be birch doors with cherry stain and shall be
consistent in color, style, wood species and finish throughout the facility. Color and finish of
hardware shall compliment color of adjacent door, frame and wall. Color of outlets,
switches and cover plates shall be compatible with color of supporting wall. Depending on
the area, ceilings shall be painted gypsum board or an acoustical ceiling tile in either
category "A" or "B" finish.

9.7.2 Random match graphic patterned, loop pile carpet tile will be acceptable in all areas
that require raised floor except for the Computer Center floor which is to be high pressure
laminate under the carpet tile. Broadloom carpet may be used in areas that do not have
raised floor. Solid colors and tweeds or shear-tip carpet tile are to be used only as an
accent borders in high traffic areas. Solid colors or tweeds may be used in conjunction with
patterned carpet to create a "path wayfinding" indicator for the occupants in the building.
For example, colors and patterns may be used at elevator lobbies to identify
floor/directorates in this multi-story building. Tweeds or fleck colored cut pile carpet may be


                                              396
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


used in low traffic areas such as the Executive Suite.

9.7.2 Random match graphic patterned, loop pile carpet tile will be acceptable in all areas
that require raised floor except for the Computer Center floor which is to be high pressure
laminate under the carpet tile. Broadloom carpet may be used in areas that do not have
raised floor. Solid colors and tweeds or shear-tip carpet tile are to be used only as an
accent borders in high traffic areas. Solid colors or tweeds may be used in conjunction with
patterned carpet to create a "path wayfinding" indicator for the occupants in the building.
For example, colors and patterns may be used at elevator lobbies to identify
floor/directorates in this multi-story building. Tweeds or fleck colored cut pile carpet may be
used in low traffic areas such as the Executive Suite.

9.7.3 Outside corners in main corridors, and core areas shall be protected against damage
by use of 1-inch clear acrylic corner guards which extend 5-feet above the finished floor.

9.7.4 Interior signage is an important element to be fully integrated with the architecture
and interior design plan. Signage for general office area shall be modular to accommodate
personnel changes or room function changes and match the existing signage. Where
possible, international symbols are to be used. The entrance lobbies shall have a building
directory. All remaining floors shall have a floor key plan located across from the elevators
that shall show a plan of the floor in a subdivided configuration. Each floor shall have four
emergency/fire evacuation plan signs located at key areas to insure life safety. Replace
existing complex key plans that are located in the building directories on the first floor of all
existing buildings to add three new buildings. Lockable information boards shall be used at
appropriate areas within the building. Signage plaque colors shall be compatible with the
interior color scheme. All rooms, offices, including movable wall offices, and mechanical
spaces shall have room signs. The Executive Suites shall have cherry wood veneer room
signs.

9.7.5 Pre-wired Workstations are to be provided and installed in all open office spaces.
The Contractor is responsible for incorporating into the overall design the required number
of workstations based on the three typical designs indicated in Section 12640 of PART III-
D. The Contractor is responsible for insuring that panel heights and workstation layouts do
not interfere with mechanical and electrical devices. The workstations shall be installed in
the open office space of all floors except one full floor of the "A" building. The Contractor
shall layout workstations and supporting utilities for this floor.

9.7.5.1 The total number of workstations to be provided is 929. The breakdown of the
number of each type of station is as follows:

Typical "A" secretary -1:15 ratio

Typical "B" all shared workstations as space allows

Typical "C" supervisor - 20 each.



                                              397
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


9.7.5.2 The Contractor shall meet with the Government and coordinate the pre-wired
workstation layouts to insure the correct number of typicals are used and that their
placement meet the functional requirements of the user.

9.7.6 Minimum Finishes for All Spaces
Entry Lobby Corridor and First Floor Elevator Lobby "B" Building - Flooring and base is to
be terrazzo, ceilings shall be painted gypsum board, walls shall be woven fabric
wallcovering. The Elevator Lobby shall have a fabric wallcovering that has a woven pattern
which interprets the naturalistic theme of the existing complex.

Elevator Lobby, Floors Other Than First - Same accent color as used in the First Floor
Elevator Lobby. The accent color will be interpreted in a stipple finish vinyl wall covering
and is the solid color carpet tile borders. Ceilings shall be a category "B" ceiling.

Elevator Cab Finishes - Brushed or textured plastic laminate finish. Flooring shall be
appropriate finish to hide soil. The Main Lobby of the "A" Building - Flooring is to be a
flamed and polished granite in a small star pattern similar to the corridor of Building 5300,
ceiling shall be painted gypsum board, walls shall be woven fabric wall covering, cherry
wood base and crown molding shall be stained to match all other existing buildings stained
wood.

Walkways and Main Corridors on "A" and "B" Buildings - Terrazzo floor and base and vinyl
wall covering on gypsum board. The wall covering shall have a warm neutral color and has
a texture that appears to be a woven fabric design. Ceilings shall be a category "B" finish.

General Open Office Areas, EMIR and Corridors - Graphic loop carpet tile, rubber base
and vinyl wall covering on gypsum board. The wall covering shall have a warm neutral
color and has a texture that appears to be a woven fabric design. Ceilings shall be a
category "B" finish.

Executive Suites - Multi-pieced crown molding, wooden wainscot, chair rail, wooden base,
fabric wall covering on gypsum board walls, cut and loop carpet tile, category "A" ceiling tile
and a combination of fluorescent and incandescent lighting. Mini blinds and lined draperies
on windows with appropriate top treatments. All millwork items and the wood doors shall be
cherry wood.

Executive Suites Restrooms and Kitchen - Porcelain tile floors. Countertops shall be a solid
surface product. Cabinets shall be cherry wood. Shower alcove shall have a cultured
marble Shower doors shall be decorative and have extruded aluminum components and
tempered glass. Ceilings shall be painted gypsum board. Vinyl wall covering on walls.

Computer Center - Vinyl wall covering with a woven fabric pattern that matches the open
office area wall covering, rubber base and high pressure laminate for computer floor under
carpet file and category "B" ceiling tile. The releasable adhesive used to attached the
carpet tile to the plastic laminate shall be able to be removed with a solvent which will not
damage the finish of the plastic laminate\


                                             398
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Conference Room - Carpet tile, rubber base, wall covering where applicable and category
"B" ceiling tile shall be used as finishes. Conference room in the Executive Suites shall
have upgraded finishes to match the surrounding area and Category "A" ceilings. The rear
projection booth shall have charcoal gray walls and ceiling.

Restrooms (common) - Ceramic tile floors and-all walls, floor to ceiling. Toilet partitions
shall be a high density solid plastic resin product in an almond color. Vanity tops shall be
made from a "solid surface" product that is different from the toilet partitions; color: almond.
Ceilings shall be painted gypsum board.

Break rooms - Cabinets and countertops shall be plastic laminate, flooring shall be vinyl tile
and the wall covering shall be vinyl. Ceilings shall be a category "B" ceiling.

Stairwells - Stairwells shall be attractively well lit areas of passage. Flooring on stairs and
landing shall be raised rubber tile and walls shall be semi-gloss paint.
Mechanical, Electrical and Communication rooms shall receive sealed concrete floor,
painted walls and ceiling that are appropriate to the space.

9.8    Structural Design

9.8.1 The Structural Engineer shall be responsible for the design of the complete structural
system for the building. Complete structural system for the buildings shall include
foundations, walls, roof framing, floor and roof diaphragms, lateral load stability, framing
and connection of any architectural features, and support of mechanical and electrical
equipment. The Structural Engineer is also responsible for the design of all lesser related
structures such as utility vaults, pits, retaining walls, etc., although they may be shown on
other disciplines' drawings. Structural design of the buildings shall be compatible with the
architectural design shown on the plans. Structural design shall be in accordance with the
Uniform Building Code as modified by the following requirements. In case of conflicting
requirements, the more stringent criteria shall govern

9.8.2 The footings of the walkway, adjacent to the three story building to which this facility
is to abut shall be designed such that they do not interfere with the existing footings. The
Contractor shall use extreme caution when excavating around the existing footings so as
not to disturb them. The footings adjacent to the one story building to which this facility is to
abut were designed to carry the load of both buildings. The Contractor shall verify that the
existing footings will satisfy his design requirements and provide additional footings if
necessary. Column anchor bolts will have to be installed (drilled and grouted) in the
existing footing by the Contractor.

9.8.3 Design loads and load combinations shall be in accordance with the American
Society of Civil Engineers (ASCE) Building Code Requirements for Minimum Design Loads
for Buildings and Other Structures, ASCE 7-1993, unless specified otherwise herein. Live
loads, as a minimum, shall be applied in accordance with ASCE 7-1993. A portion of the
floor area indicated on the drawings, shall be designed for a minimum live load of 150 psf.


                                              399
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


This area shall be located around the building Central Core. These areas shall have raised
floor. No live load reduction shall be made for any members supporting the 150 psf live
load specified for the area around the core. Wind loads shall be in accordance with ASCE
7-1993 with exposure C. Wind loads shall be computed and applied in accordance with
ASCE 7-1993. Snow loads shall be based on a ground snow load of 10 psf. Frost
penetration depth is 9 inches. Seismic design shall be in accordance with the Seismology
Committee, Structural Engineers Association of California (SEAOC). Loads shall be based
on seismic zone 1.

9.8.4 Concrete

Codes and References:

American Concrete Institute

Portland Cement Association

Pre-stressed Concrete Institute

9.8.4.1 All edge or spandrel beams shall have continuous reinforcing top and bottom. Use
as a minimum, two #5 top and bottom. Beams shall also have continuous ties. Straight
bars are recommended in lieu of bent bars for beams and slabs. In no case will bent bars
be used in slabs less than 6 inches thick. The reinforcing of concrete walls, continuous
footings and tie and bond beams shall be continuous arid, therefore, typical details
showing the arrangement of reinforcing at corners and intersections of these members
shall be shown on the drawings. Rubberized, keyed water stops shall be provided in all
construction joints below grade.

9.8.4.2 Slabs on grade shall be placed on 6 inches of capillary water barrier with a vapor
barrier (0.006 inch thick polyethylene film) provided between the capillary water barrier and
the slab. Slabs shall not bear directly on footings, foundation walls, or column piers. At
least 6 inches of fill cushion or capillary water barrier shall be provided. In no case shall a
slab on grade be less than 4 inches thick. Thickened slabs shall be required for walls and
partitions that have a vertical load of 420 to 720 pounds per linear foot. A separate isolated
wall footing shall be used for walls having a vertical load in excess of 720 pounds per linear
foot. A minimum of 0.1 percent welded wire mesh reinforcement shall be provided in slabs
in each direction placed 1-112 inches from the top of slab. The following minimums shall
be used:

Maximum Uniform
                                Slab Thickness              Wire Mesh Reinforcement
Design Live Load

    150 psf                          4 inch                      6x6 - W2.0 x W2.0
    250 psf                          5 inch                      6x6 - W2.9 x W2.9
    400 psf                          6 inch                      6x6 - W4.0 x W4.0



                                              400
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




9.8.4.4 Perimeter insulation shall be installed in all building slabs on grade. The insulation
shall be placed inside of the turned-down slab, and extend from the bottom of the concrete
to the bottom of the slab on grade. Perimeter insulation shall be polystyrene conforming to
ASTM C 578, Type II; polyurethane conforming to ASTM C 591, Type II and having a
minimum recovered material content of 9 percent by weight of core material in the
polyurethane portion; or cellular glass conforming to ASTM C 552, Type I or IV.
Polyurethane insulation shall contain the highest practicable percentage of recovered
material that has been recovered or diverted from solid waste, but not involving material
reused in a manufacturing process. Where two materials have the same price and
performance, the one containing the higher recovered material content shall be provided.

9.8.5 Steel

Codes and References:

American Institute of Steel Construction American Iron and Steel Institute

Steel Joist Institute

9.8.5.1 After erection, the field bolt heads and nuts, field welds, and any abrasions in the
shop coat shall be cleaned and primed with paint of the same quality as that used for the
shop coat. Shop connections for structural steel will be welded, and generally field
connections will be made with high strength bolts, ASTM A325 bearing type connections.
All connections other than standard AISC beam connections will be detailed on the final
plans. Connection angles will be a minimum 5/16 inch thick and bolts a minimum 1/2 inch
diameter.

9.8.5.3 Diagonal braces shall have a minimum thickness of 14 gauge. Braced walls shall
have direct connection to the foundation at the brace termination. Connections shall be
designed to limit deflections and shall rely only on shear and axial force transfer paths.
Connections which transfer brace forces to the foundation by using bending moments will
not be accepted.

9.8.5.4 Anchor joists to steel supports by bolting-or field welding. Provide steel insert plates
in concrete work. Where top chords are extended, provide required section modulus of
extensions on the drawings.

9.8.5.5 If braced frames are used as all or part of the main lateral force resisting system,
the stability of the structural system shall not depend on any single member or connection.
Redundancy shall be provided either by using multiple bays of tension only X-bracing
members or by using bracing members that are capable of both tension and compression
if bracing is placed in a single bay. All slabs, including elevated slabs, shall be placed in
checkerboard or lane fashion. The area of sections bounded by crack control joints shall
not exceed 600 square feet and distance between crack control joints shall not exceed 25
feet. Crack control joints may be construction joints, expansion joints, contraction joints or


                                              401
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


isolation joints. Reentrant corners in slabs will be reinforced with two No. 4 bars, 4 feet
long, placed diagonally to the corner. Construction joints in slabs, exterior walls and cap
blocks shall match joints.

9.8.4.3 In areas where raised or depressed floors are provided, structural slab elevations
shall be adjusted so that all floor levels are compatible without use of, or need for, ramps,
steps, etc.

9.8.5.6 Steel stud wall systems shall not be used as load bearing walls.

9.8.6 Metal Deck

Codes and References:

Steel Deck Institute

9.8.6.1 Where metal deck or form is used, show required section modulus and moment of
inertia on drawings. All forms shall be galvanized. Metal deck material shall have a
minimum thickness of. 22 gage. Metal form shall have a minimum thickness of 28 gage.

9.8.7 Masonry

Codes and References:

American Concrete Institute

National Concrete Masonry Association

9.8.7.1 Masonry walls shall be reinforced as required to resist all vertical and horizontal
loads. All structural masonry walls (load bearing walls, shear walls, or exterior walls) shall
be designed as reinforced masonry, neglecting the tensile strength of masonry, in
accordance with ACI 530. Minimum thickness of structural masonry walls shall be 8 inches.
Minimum reinforcement shall be as follows. Minimum bar size will be No. 4. One vertical
reinforcing bar will be provided continuously from support to support at each wall corner, at
each side of each opening, at each side of control joints, at ends of walls, and elsewhere in
the wall panels at a maximum spacing of six feet. This minimum reinforcement will be the
same size as the minimum vertical reinforcement provided for flexural stresses. Horizontal
reinforcement will be provided continuously at floor and roof levels and at the tops of walls.
Horizontal reinforcement will also be provided above and below openings. These bars will
extend a minimum of 40 bar diameters, but not less than 24 inches, past the edges of the
opening. For masonry laid in running bond, the minimum horizontal reinforcement should
be on No. 4 bar per bond beam. For masonry laid in other than running bond, such as
stacked bond, the minimum area of horizontal reinforcement placed in horizontal joints or
in bond beams, which are spaced not more than 48 inches on center, will be 0.0007 times
the vertical cross sectional area of the wall.



                                             402
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


9.8.7.2        Lintel units will not be used in lieu of bond beam units. Nonstructural masonry
walls shall be designed as non-reinforced masonry in accordance with ACI 530. However,
the minimum reinforcement around openings given above for structural walls shall be
incorporated.

9.8.7.3        Concrete masonry walls shall have control joints 24 feet maximum for exterior
walls, 30 feet maximum for interior walls, at changes in wall height or thickness, near wall
intersections, and at points of stress concentration.

9.9 Fire Protection

9.9.1 Provide fire detection/suppression systems that meet OSHA Regulations, NFPA
codes and Military Handbook 10088.

9.9.2 Provide automatic sprinkler systems throughout the facility. All systems shall be
electronically supervised and provide a signal to the fire department that is compatible with
the present equipment of the fire department and shall be provided in accordance with
applicable NFPA codes. Sprinkler heads shall be centered in the ceiling tile. All sprinkler
pipes, braces and hangers, etc., shall be designed to meet applicable seismic zone 1
requirements.

9.9.3 Design of sprinkler facilities shall be in accordance with Table 5.1.2 of MIL-HDBK-
1008B (which is Table 1 under Paragraph: Water Supply, of this Section), NFPA 13 and as
specified hereinafter.

9.9.4 All fire extinguishers shall be in fire extinguisher cabinets. Fire extinguisher cabinets
shall be of the fully recessed type and the color shall be brushed aluminum. Fire
extinguishers will be provided by the Contractor and shall be of the ABC type.

9.9.5 All contract requirements of MIL-HDBK-1008B that exceed the minimum
requirements of NFPA 13 shall be incorporated into the design. The Contractor's submittal
shall be prepared and sealed by a registered Fire Protection Engineer or a registered
Professional Engineer with a fire protection background and who has had at least two
years experience in fire protection\detection design. Qualifications shall be submitted to
and approved by the Contracting Officer.

9.9.6 Additions and alterations to the kitchen area in the Sparkman Center building No.
5302 shall be performed under this contract. The scope of this work is outlined in other
sections. Upgrades to the fire detection/suppression system(s) shall be designed and
constructed to provide a complete and functional facility.

9.10 Plumbing

9.10.1 All plumbing work shall be in accordance with NAPHCC-01 unless otherwise stated
and as specified hereinafter. Fixtures and trim shall be in accordance with FS WW-P-
541/GEN. and as specified hereinafter. All plumbing supports, braces and hangers, etc.,


                                             403
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


shall be designed to meet applicable seismic requirements. All water piping subject to
freezing shall be completely drainable and suitably protected. Water supply piping shall not
be buried under concrete floors except where it is economically unfeasible to do otherwise.
Hot water delivered to toilet facilities shall not exceed 110°F. Hot and cold water faucets for
lavatories and all flushing valves shall be automatic on/off with light beam sensor or as
specified hereinafter. Traps subject to drying out shall be fitted with trap primers.

9.10.2 Additions and alterations to the kitchen area in the Sparkman Center building No.
5302 shall be performed under this contract. The scope of this work is outlined in
paragraphs above. Upgrades to the plumbing system(s) shall be designed and constructed
to provide a complete and functional facility.

9.11 Heating, Ventilating and Air Conditioning (HVAC)

9.11.1 The HVAC systems shall be designed to the latest industry standards, codes,
Government regulations, and to the specifications included in Part III-D. The HVAC design
shall specify the highest quality equipment and materials available in the industry. Design
documents shall be submitted and approved prior to commencing work on the HVAC
system. The Contractor shall be responsible for the professional quality and technical
accuracy of all HVAC design documents and shall insure construction meets all
requirements of the approved design. Drawings, specifications, and other design
documents upon which construction is based shall be coordinated with other disciplines to
insure compatibility of all building systems. The design requires quality, flexible air
distribution in the work areas as a primary design feature of the HVAC system.

9.11.2 The new absorption chillers, chilled and condenser water pumps, steam-to-water
heat exchangers, hot water pumps, all central plant piping, and any other cooling and
heating plant accessories and/or appurtenances shall be designed and arranged to fit
within the existing Central Plant Building. Because of the existing utilities, no new pits may
be constructed. Appropriate maintenance space shall be provided around all equipment
requiring routine or periodic maintenance. The cooling towers shall be designed and
arranged to fit within the existing screened mechanical equipment yard adjacent to the
Central Plant Building. All exterior piping, pumps, tanks, or other appurtenances, which
could be damaged by freezing, shall be protected with heat tracing. The existing site
distribution chilled and hot water piping is of sufficient size to accommodate the chilled
water and hot water flows for this project. The Contractor shall be responsible for
connecting to the existing primary piping and secondary loop stub-outs for adding chillers
and service to the new buildings. All tie-ins shall be designed by the Contractor to insure
that the system will function properly. A complete hydraulic analysis of the piping systems
in final configuration shall be performed and submitted with the design documents. This
analysis shall support the pump characteristics of all new pumps provided and shall verify
that existing pumping systems will not be adversely affected by the new work.

9.11.3 In addition to the expansion of the LOGSA central plant, a cross-connection shall be
designed and installed between the Sparkman chilled water system and the LOGSA chilled
water system. The cross-connection shall be equipped with a chilled water pump which will


                                             404
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


allow one (or more) of the LOGSA plant chillers to carry the winter chilled water load for the
entire Sparkman complex. Conversely, the cross-connection shall be capable of pumping
chilled water from the Sparkman central plant to the LOGSA central plant. The cross-
connection piping and pumping systems shall be designed to carry sufficient chilled water
to fully serve the larger of the following two load conditions: the sum of all computer room
HVAC units served by the Sparkman portion of the central plant, or 400 tons.

9.11.4 Additions and alterations to the kitchen area in the Sparkman Center building No.
5302 shall be performed under this contract. There will also be additional hot serving line
tables added to the serving area. The scope of this work is outlined in other paragraphs
above. Upgrades to the HVAC system(s) including, but not limited to, adding complete new
supply/exhaust systems for new and relocated equipment shall be designed and
constructed to provide a complete and functional facility which meets current code
requirements and conforms to current industry standards.

Design Conditions:

Non-critical Systems

Outside:
      Summer         95 Degrees FDB 79 Degrees FWB
      Winter         16 Degrees FDB    -

Inside:
          Summer     78 Degrees FDB       50% RH
          Winter     68 Degrees FBD        -

Critical Systems
        Outside:
        Summer       97 Degrees FDB 80 Degrees FWB
        Winter       11 Degrees FDB    -

Inside:
          Summer     72 Degrees FDB        50% RH
          Winter     68 Degrees FWB        35% RH

Building Energy Budget: 50,000 BTU/SQ. FT.IYEAR. (Excluding process loads)


Refrigerant Ozone Depletion Factor: 0.050 or Lower.

Seismic Design: Zone 1. TM 5-809-10.

Sound and Vibration: 1991 Edition ASHRAE Handbook, HVAC Applications, Chapter 42
and TM 5-805-4.



                                             405
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


Exhaust Rates:

       Toilets Minimum 5 CFM/Sq. Ft.

       Equipment Rooms Minimum 15 Air Changes per hour.

       Janitor's Closets     Minimum 2 CFM/Sq. Ft.


Chillers: ASHRAE Standard 15 and ASME Standard 16.

Outside Air Criteria: ASHRAE Standard 62-89, Table 2 requirements. Critical

Areas requiring Back-up Air Conditioning: Computer Rooms. Equipment Heat
Load for Office Space: 10 BTU per square foot.

Equipment Heat Load for Electronics/Computer Areas: 150 Btu/sq.ft.

Energy Values:
      Steam 144 psig with 10 degree superheat 50 psig condensate return pressure

       Electricity           3,413 BTU per Kilowatt Hour

Personnel:

Conference Rooms: 20 sf/person

Admin Office Space: 162 sf/person (gross floor area) Break rooms: 20 sf/person

9.11.5 The design shall comply with 10 CFR 435, "Energy Conservation Voluntary
Performance Standards for New Commercial and High Rise Residential Buildings;
Mandatory for New Federal Buildings". Projected energy usage for the design shall meet or
be below the established energy budget. Materials, U-factors, building orientation, energy
efficient equipment including electric motors, temperature control systems, economizer
cycles, heat reclaim, shading, etc. shall be utilized to the extent possible to provide an
energy efficient facility that will meet the target energy budget.

9.11.6 An approved computer energy analysis program shall be utilized to compute the
energy budget for the HVAC systems using base steam as the energy source for the
central chiller and heating plant. Blast, Trane Trace, DOE 2.1, and Carrier HAP are
approved programs. The Central Plant expansion design shall include steam powered
absorption chillers for cooling and a central steam to hot water converter for heating similar
to the equipment used in the existing facility. Except as noted, office area air system
design shall be similar to that used in the existing facility, variable air volume air handling
units with both fan-powered and throttling air terminal units. Air terminal units shall be
provided with heating coils, as required, to prevent space overcooling in the event that


                                             406
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


ventilation rates exceed space cooling requirements (based on occupied lighting levels, no
equipment loads, no personnel loads). Alternative methods of building HVAC system
operation, which allow elimination of heating coils from internal zone terminals, will be
considered only when accompanied with computer heat balance calculations which
support the alternative design approach.

9.11.7 Dedicated air conditioning for the computer room will be designed, however no
computer air conditioning room units will be installed. The VAV system shall be designed
and installed to serve this area with the basis of design as specified for open office space.
Chilled and hot water piping, central chilled and hot water capacity, and all central plant
accessories and appurtenances shall be designed and installed to accommodate the
computer room load indicated hereinbefore. Electrical requirements for the future computer
room units shall be coordinated with the electrical design as indicated in the electrical
section of these requirements. Chilled water, hot water, domestic water for humidifiers, and
drain piping shall be installed to allow future installation of computer room units. Valved
connections shall be furnished inside of the designated computer area for heating, cooling
and domestic water piping. The design shall indicate capacities of computer room units
that form the basis of design for the central plant expansion. These units shall be included
on the equipment schedule sheets for mechanical equipment with a "FUTURE"
designation in the remarks column. The computer room air conditioning system shall be
designed to use standard manufactured packaged chilled water computer room air
conditioners with hot water heating. Hot water coils shall be sized to furnish at least 95% of
the sensible cooling capacity of the unit. The design shall include one back-up unit for each
space served by the computer room units. The back-up shall match the largest size unit in
spaces served by units of different size. Primary and back-up computer room units shall be
supplied chilled and hot water from the central chiller-heating systems for normal
operation. HVAC loads for computer room electronic equipment shall be considered
process loads when calculating the energy budget. Where computer rooms are equipped
with raised floors the space below the floor shall be used as a plenum to distribute air
through movable floor grilles.

9.11.8 All HVAC system supports, foundations, braces, isolation bases, hangers, etc. shall
be designed to meet applicable Seismic Design requirements for Seismic Zone 1.

9.11.9 A complete automatic temperature control system shall be designed by the HVAC
design engineer in accordance with Department of the Army Technical Manual TM 5-815-
3. Corps of Engineer Guide Specification (CEGS) 15950 shall be the basis for the control
system specifications with the exception that all control wiring above the lay-in ceilings
shall be plenum rated cable, bundled, and tied-off to the building structure. Control and
CCMS network wiring shall be run as high above the ceiling as possible to allow easy
removal of ceiling tiles without interference due to control or CCMS network wiring. Control
wiring in partition walls, structural walls, under raised flooring, or run exposed in equipment
rooms shall be in dedicated metallic raceways. The design shall include complete control
system drawings, complete technical specifications, and commissioning procedures for
each control system. Temperature control drawings shall be prepared by the control
system vendor and shall be similar to shop drawings. No catalog cuts or specific


                                             407
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


component information is required on the temperature control system design drawings.
Single-loop universal digital controllers shall be used in air handling unit and central plant
control panels. Variable air volume terminal unit controllers shall be digital type as
specified in CEGS 15950. In addition to the requirements listed in CEGS 15950, the
Variable Air Volume terminal unit controllers shall be connected to the Central Control and
Monitoring System (CCMS) network. The VAV controllers shall be fully compatible with the
CCMS allowing complete monitoring, control, and set point adjustment of all VAV terminal
unit controllers from the CCMS host.

Outside air quantity to each air handling unit shall be automatically controlled at a constant
volume to meet the requirements of ASHRAE Standard 62-89 revised. Variation of air flow
delivered the air handling unit fan shall not create a variation in outside air quantity.

9.11.10 The HVAC design shall include connection to the existing LOGSA Central Control
and Monitoring System located in the office of the Central Plant building, for monitoring
and control of the HVAC system as indicated below.

Points to be monitored:

Air Handling Units

Leaving air temperature

Entering air temperature

Entering chilled water temperature

Leaving chilled water temperature

Entering hot water temperature

Leaving hot water temperature and humidity in each zone

Fan on-off indication

Filter differential pressure

Supply Air Quantity

Outside Air Quantity

Controller PV Input Signal

Controller Output Signal 4-20 mA

Computer Room


                                             408
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Space temperature

Space relative humidity

Central Plant

Chiller on-off

Chilled water temperature in and out

Hot water temperature in and out

Condenser water temperature in and out Steam pressure (reduced)

Pump on-off indication, each pump

Cooling tower fan on-off

Variable Air Volume Zones (through VAV unit controller)

Zone temperature

Zone primary air flow rate Zone fan status

Zone temperature set point

Alarm Print Outs

Chiller failure to start

Cooling tower fan failure to start

Loss of steam pressure

Air handling unit fan failure

Zone space temperature rise to 4 degrees above set point

Chilled water rise 4 degrees above set point

Hot water fall 4 degrees below set point

Zone RH 3% above set point

Zone RH 3% below set point (Computer room)


                                             409
Guidance For Firm Fixed-Price, Design-Build Construction Contracts




Pump failure

Water on Floor of Mechanical Room

Points to be Controlled:

       Start/stop chillers/towers/chilled & condenser water pumps
       Start/stop hot water pumps
       Start/stop air handling units
       Set point adjust - all single loop controllers
       Enable/disable economizer cycles
       Start/stop all VAV terminal fans
       Set point adjust - all VAV zones
       Start/stop cross connection pump
       Cross connection valve position

9.11.11 The HVAC system shall be zoned to provide maximum year around comfort and to
provide adequate flexibility for utilizing areas of the facility during non-work hours. Variable
air volume systems shall be designed to control volume of outside air to air handling unit
systems as required by the criteria to meet building minimum outside air requirements.
Utilize dry bulb type economizer cycles on all air handling units.

9.11.12 The air distribution system shall be designed to meet specified room criteria (RC)
sound levels when operating at maximum space design requirements (Maximum air flow).
Fire dampers, smoke dampers, exhaust fans, terminal units, turning vanes, balancing
dampers, control dampers, diffusers, registers, grilles, louvers, flexible connections, etc.
shall be selected to provide a complete, easy to balance air distribution system free of
objectionable noise. Mechanical rooms or penthouses shall not be used as return air
plenums.

9.11.13 The cooling towers for water cooled chiller systems shall be selected to meet
design capacity of the chillers and emergency generators at an ambient wet bulb
temperature of 80 degrees F. Sumps, foundations, and structural members shall be
designed to support the cooling tower structure and provide a tight water basin. Cooling
water shall be freeze protected using steam as the heat source. Water treatment for algae
and scale prevention, compatible with the present Base system, shall be a part of the
design. Tower fan operation shall be controlled by sensing water temperature to reduce
energy consumption. Cooling towers shall be equipped with variable frequency drives for
fan motors and tower bypass valves for capacity control. Variable frequency drive shall
soft-start tower fans. Bypass valve shall allow condenser water to flow to the distribution
box on the tower or, in bypass mode, to the tower sump. Bypassing directly into the
condenser water pump suction line is not acceptable. Design of the condenser water piping
system shall preclude overfilling the sump when the system is de-energized. Galvanized
steel access ladders shall be installed on the cooling tower.



                                              410
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


9.11.14 The heating system shall be designed to circulate hot water from the Central Plant
to each air handling, computer room, and heating unit in the facility requiring heat. System
temperature controls shall be capable of automatically preventing operation of the heating
system when the outside temperature is above 65 degrees F. Controls shall also be
designed to energize the heating system and maintain the conditioned space at 40
degrees F on a drop in temperature when the system is programmed "off' by the system
clock.

9.11.15 The primary chilled water pumps, circulating water through absorption chillers shall
be connected to the emergency power system to sustain water flow and prevent
crystallization in the chillers on primary power failure. Piping systems shall be designed to
include pipe, fittings, thermometers, gages, pumps, hangers, valves, flexible connectors,
steam traps, balancing cocks, wells for controllers and sensors, strainers, traps, flash
tanks, reducing stations, Barco type venturi flow meters, etc. as required to provide
complete, functional, easy to balance systems. All pumps shall be equipped with inlet and
outlet pressure gages. Cooling tower sumps shall be heated with steam to prevent
freezing. Chilled and hot water piping systems shall be furnished with a chemical treatment
system complete with feeder and chemicals, compatible with present requirements of the
Base, to control scaling inside the pipe. Chilled and hot water distribution piping shall be
pre-insulated and jacketed piping installed below grade as specified in APPENDIX D,
OUTLINE SPECIFICATIONS. Tie-in points are located approximately on the drawings. The
Contractor shall determine exact locations during construction.

9.11.16 Two new absorption chillers shall be furnished. Central chillers shall be sized such
that one chiller has approximately 60% of the required capacity and the other chiller has
the remaining 40% subject to equipment availability, maintenance clearance, and retention
of the existing traffic isles and access paths. The smaller chiller and all supporting pumps,
controls, and accessories, including the cooling tower and the cross connecting pump shall
be connected to the emergency power system. Central chillers shall be standard products
of manufacturers regularly engaged in producing water chillers and the models selected for
inclusion in the design shall have a minimum of two years satisfactory field operation prior
to the bid date of this project. The design shall specify the efficiency of the chillers at
100%, 75%, 50%, and 25% of full load ratings. Chiller capacities and efficiencies shall be
verified by factory certified performance test prior to shipment, or by manufacturer
performed field test for field assembled units. Documents of tests shall be furnished to the
Contracting Officer. The design shall require factory start-up, adjusting, and testing of
chillers after installation and prior to beneficial use by owner, and factory training at the
project site for operating personnel. Maximum steam consumption for absorption chillers
shall be 12 pounds/hour/ton. Chillers shall be equipped with inlet and outlet thermometers
and pressure gages on both the chilled and condenser water lines. Chiller controls shall
have non-volatile memory or 48-hour battery backup to prevent loss of controller setup due
to power interruption.

9.11.17 Chillers, cooling towers, pumps, heat exchangers, and accessories shall be
located in the Central Plant Building and the adjacent screened equipment yard, as
appropriate. The equipment shall be located such that the vehicular access road through


                                            411
Guidance For Firm Fixed-Price, Design-Build Construction Contracts


the equipment yard shall remain. The existing condensate return unit from the flash tank to
the base-wide steam system shall be replaced with a new unit. The new unit